Division of Revenue Bill [B4-2017]: final mandates

Meeting report

Introduction
The Chairperson welcomed everyone. He remarked that Members were having a long day as they started with the usual committee meetings in the mornings, and there will be a plenary sitting at 2pm.  Hence, it was agreed that this meeting should be held around lunch time. The meeting would deal with final mandates on the Division of Revenue Bill (DoRB). Provinces had indicated their positions in written form. In addition, the Committee had to consider and approve the draft Committee Report on the Division of Revenue Bill.
 
The Chairperson asked the Secretary to indicate the apologies.
 
The Committee Secretary stated that Ms T Motara (ANC, Gauteng) had submitted an apology.
 
The Chairperson asked the delegates to read out their mandates.
 
Final Mandates on the Division of Revenue Bill
Eastern Cape Legislature
Mr L Gaehler (UDM, Eastern Cape) stated that the Eastern Cape provincial legislature had voted in favour of the Bill.
 
Free State Legislature
The Chairperson announced that the Free State will submit its mandate later. The legislature was meeting late that day to consider the mandate.
 
Gauteng Legislature
Mr E Makue (ANC, Gauteng), indicated that Gauteng supported the Bill.
 
KZN Legislature
Mr T Motlashuping (ANC, North West) said that the province had voted in favour of the Bill.
 
Limpopo Legislature
Ms B Mathevula (EFF, Limpopo) stated that the province had voted in favour of the Bill.
 
Mpumalanga Legislature
Mr F Essack (DA, Mpumalanga), indicated that Mpumalanga supported the Bill.
 
Northern Cape Legislature
Mr C De Beer (ANC, Northern Cape) stated that Northern Cape had voted in favour of the Bill.
 
North West Legislature
Mr Motlashuping stated that North West had voted in favour of the Bill.
 
Western Cape Legislature
Mr O Terblanche (DA, Western Cape) stated that the Western Cape supported the Bill.
 
Mr Essack sought clarity on the legality of the votes considering the absence of the mandate of the Free State, and asked if it was not a problem or an issue.
 
The Chairperson noted that the Committee is in the third year of dealing with the budget process, and therefore it should be clear, but handed over to Advocate Tau to clarify.
 
Adv Mongana Tau, Finance and Economics Cluster Manager, said in terms of the rules and the Constitution, any matter that deals with a Section 76 Bill is decided by the Committee and the House if at least five provinces are in support. So, since more than five provinces are supporting the Bill, the Committee can adopt its report in favour of the Bill.
 
The Committee agreed that the Bill will be tabled in the House. 
 
Committee Report on Division of Revenue Bill: consideration of draft
The Chairperson said the report was circulated last week, and members were taken to the section dealing with the observations and recommendations.
 
The Chairperson further stated that the observations and recommendations are important because some of the issues reflected here must be decided within 30 days.
 
Mr Essack said the DA they would like to reserve its position on the report, and this was accepted by the Chairperson.
 
The Chairperson then asked for a mover and a seconder to adopt the report.
 
Mr Motlashuping moved that the report be adopted.
 
An ANC Committee Member seconded this. In addition, he reminded Members about briefing they got from the South African Local Government Association (SALGA) last week. The Committee wanted a joint action plan.

The Chairperson said last week he indicated that all Members of the Committee share a concern that it is not in the best interest of cooperative governance that matters of the nature that arose between SALGA and Eskom should be resolved through legal means, and that the matter be elevated to the level of the Chair of the Council. It is imperative that SALGA and Eskom find a way to resolve the matter through intergovernmental and cooperative spirit as expressed in the Constitution.
 
The Chairperson then indicated that the report is approved.
 
Committee minutes: adoption
The minutes of 2 and 3 May 2017 were approved without comment.
 
The Chairperson stated that the report will be ATCed, and the Committee will present a statement in the house on Thursday, and since it is a provincial Section 76, provinces will, if required, make declarations.  
 The Chairperson adjourned the meeting.