ATC120222: Report on Legislative proposal to prohibit contracting between an organ of state in the national sphere of government and companies
THE FOLLOWING REPORT REPLACES THE REPORT OF THE COMMITTEE ON PRIVATE MEMBERS LEGISLATIVE PROPOSALS AND SPECIAL PETITIONS IN ATC NO.16 DATED 22 FEBRUARY 2012, PAGE 288
Report of the Committee on Private Members Legislative Proposals and Special Petitions (Committee) on the legislative proposal to prohibit contracting between an organ of state in the national sphere of government and companies whose directors are party-political office- bearers or public representatives or political parties (Honourable I O Davidson , Democratic Alliance), dated 22 February 2012.
The Committee, having considered the legislative proposal to prohibit contracting between an organ of state in the national sphere of government and companies whose directors are party-political office- bearers or public representatives or political parties in terms of rule 211 of the Rules of the National Assembly, and having sent out letters to the Portfolio Committee on Justice and Constitutional Development, the Presidency, the Members Ethics Committee , Powers and Privileges Committee, however all of them failed to respond, and having heard the presentation by Honourable I O Davidson, recommends that permission not be granted to the member to proceed with the proposed legislation. The committee wishes to make the following observations with regard to its recommendation:
1. In considering legislative proposals the committee needs to confine itself to rule 235A of the National Assembly which stipulates the following six principles which the committee has to apply when considering a legislative proposal.
a) Does the legislative proposal go against the spirit, purport and object of the Constitution;
b) Seeks to initiate legislation beyond the legislative competence of the National
c) Duplicates legislation or legislation awaiting consideration by the Assembly or
d) pre-empts similar legislation soon to be introduced by the national executive;
e) Will result in a money bill; or
f) is frivolous or vexatious.
2. The Committee deliberated on the above criteria and resolved that there are constitutional implications which may result in the infringement of the rights of smaller party-political office bearers in freely participating in business. Due to the nature of our proportional electoral system, these would be some of the practical issues in allowing this legislative proposal to proceeed .
3. After the Committee tried to consult the above mentioned committees, it is of the view that the Constitutional implications posed by Hon. Davidsons legislative proposal are such that the Committee recommends that permission not be granted to the member to proceed with the proposed legislation.
Report to be considered.
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