Government: Municipal Structures A/B & Customary Initiation Bill: Committee Reports

NCOP Cooperative Governance & Traditional Affairs, Water and Sanitation and Human Settlements

26 November 2020
Chairperson: Mr C Dodovu (ANC, North West)
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Meeting Summary

Video: https://www.youtube.com/watch?v=x8YgGx_3QQI

Tabled Committee Reports

The Committee met virtually to consider two Reports on the Local Government: Municipal Structures Amendment Bill and the Customary Initiation Bill. The Committee had adopted both bills, with amendments, in the previous meeting.

The reports summarised the purpose of the bills, the process undertaken and the amendments made.

Members were satisfied with the process and the contents of the reports

The Committee adopted both Reports with no changes.

Meeting report

The Chairperson said that he had indicated in the previous meeting that the Committee would meet today to consider the two reports based on the work that they had done in respect of processing the Municipal Structures Amendment Bill (MSAB) and Customary Initiation Bill. The Bills had been extensively deliberated on to ensure that the Committee followed the necessary process and procedures and engaged with the relevant stakeholders to arrive at the point where the Committee had the draft reports that had to be considered and, if possible, adopted in the meeting.

He welcomed and acknowledged everyone in the meeting. The Committee had a quorum which empowered it to proceed with the meeting.

Committee Report on Local Government: Municipal Structures Amendment Bill (MSAB)

The Chairperson took the Committee thorough the report on the MSAB. The Committee agreed to the Bill with amendments.

The Chairperson summarised the Report:

The Department of Cooperative Governance briefed the Committee on 4 February 2020 and thereafter the permanent delegates briefed the provincial legislatures on the Bill. The provincial legislatures conducted the public participation process between February and August 2020, and invited stakeholders and interested persons to make written and oral submissions on the Bill.

The Committee received nine negotiating mandates in favour of the Bill with proposed amendments. The Select Committee held the Negotiating Mandate meeting with permanent delegates presenting their province’s position on the Bill. The Select Committee received a briefing from the Department of Cooperative Governance on its responses to the Negotiating Mandates.  The Department submitted amendments to the Bill.

The Select Committee met on 10 November 2020 and adopted the proposed C-List of Amendments. The proposed C-List along with the relevant documentation was forwarded to the Provincial Legislatures for their conferral of a Final Mandate.

The Select Committee received Final Mandates in support of the Bill. The Select Committee met on 24 November 2020 to consider the Final Mandates.

The Select Committee considered the amended clauses with the Department explaining the reason for each amendment. The Bill was supported by the Eastern Cape, Free State, Gauteng, Limpopo, Mpumalanga, Northern Cape, North West and the Western Cape provinces. There were no objections raised.

Based on that, and having considered the Bill itself, the Committee recommended that the Bill be adopted and that it must be taken to the NCOP House for consideration and adoption.

The Chairperson asked if Members had anything to discuss and if there was a mover for the adoption of the Report.

Ms S Shaikh (ANC, Limpopo) indicated that the Report was a true reflection of the procedure that had been followed by the Committee and it also reflected correctly the various positions of the various provinces. She moved for the adoption of the Report.

Ms M Bartlett (ANC, Northern Cape) seconded the adoption of the Report.

The Chairperson mentioned that if there was no objection then the Report was accordingly adopted.

Committee Report on Customary Initiation Bill

The Chairperson took the Committee thorough the report on the Customary Initiation Bill. The Committee agreed to the Bill with amendments.

The Chairperson summarised the Report:

The Department of Cooperative Governance and Traditional Affairs briefed the Select Committee on 4 February 2020 wherein thereafter the permanent delegates briefed the provincial legislatures on the Bill.  

The provincial legislatures conducted the public participation process between February 2020 up to around September 2020. Stakeholders and interested persons were invited to make written and oral submissions on the Bill.  

The Select Committee received nine negotiating mandates in favour of the Bill. Some reports of the negotiating mandates suggested proposed amendments. The Select Committee on 3 November 2020 held the meeting to discuss Negotiating Mandates with permanent delegates presenting their province’s position on the Bill. The Select Committee received a briefing from the Department on its responses to the Negotiating Mandates.

After the deliberations, the Select Committee agreed to proposed amendments and adopted them as part of the report to the processing of the Bill.

The Select Committee met on 3 November 2020 and adopted the proposed C-List of Amendments. The adopted C-List along with the D version of the Bill were forwarded to the Provincial Legislatures for their conferral of a Final Mandate.

The Select Committee received Final Mandates to the Bill. The Select Committee met on 24 November 2020 to consider the Final Mandates.

The Select Committee considered the amended clauses with the Department explaining the reason for each amendment. The Chairperson put the Bill for consideration and adoption on 24 November 2020. The Bill was supported and voted in favour by eight provincial legislatures namely; Eastern Cape, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West and the Western Cape. The Free State Legislature voted against favouring the Bill.  There were no objections raised.

The chairperson invited Members to make comments if they so wish. If the process was complete, he called for the adoption or rejection of the Report.

Ms Z Ncitha (ANC, Eastern Cape) moved for the adoption of the report. After going through what had been discussed in the Committee the previous week, she was satisfied that it covered the discussion well. She therefore moved for the adoption of the Report.

Ms N Nkosi (ANC, Mpumalanga) seconded the adoption of the Report.

The Chairperson noted that there was no objection and the Report that had been tabled before the Committee was accordingly adopted. He thought that there would be some discussions but it was clear that Members were happy with the process and they had adopted the two Bills that would then be accordingly tabled before the House for adoption.

He thanked everyone for attending the meeting. He pointed out that the following week Monday the Committee would meet in Johannesburg for their visit to the Free State for the whole week. He was glad that all of the preparations were done and he looked forward to the Committee’s visit to the Free State the following week.

The meeting was adjourned.

 

 

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