House Chairperson, Chief Whip, hon members, good afternoon. This afternoon I will share with the House some of the deliberations of the Select Committee on Land and Environmental Affairs on the Sectional Titles Amendment Bill, which was introduced to Parliament by the Minister of Rural Development and Land Reform.
The Sectional Titles Act, Act 95 of 1986, is the legislation that governs building development where multiple owners hold a type of property ownership known as sectional title units. These areas usually relate to town houses or flats, and include areas that are commonly shared by a group of owners and are known as common property, such as lifts, driveways and parking areas.
The main purpose in amending the Bill was to amend certain definitions; redefine the boundaries between certain sections and common property; regulate substitution of bonds registered in respect of different pieces of land shown on the sectional plan; provide for the issuing of certificates of real rights of extension and certificates of real rights of exclusive use areas; provide for the issuing of a certificate of a registered sectional title in respect of a fraction of an undivided share in a section; further provide for the vesting of rights of exclusive use areas where an owner ceases to be a member of a body corporate; and, finally, provide for the cancellation of an exclusive use of area right.
Therefore, the legislative process that the Select Committee on Land and Environmental Affairs followed for this section 75 Bill firstly entailed getting a briefing by the Department of Rural Development and Land Reform. From this it was noted that the main amendment proposed in the Act sought to clarify ambiguity and set out prescribed processes that were unclear in the current Act.
In order to fulfil the mandate of the NCOP in facilitating public participation during the legislative process, the committee advertised the Bill for public comment and received two submissions. The committee thereafter received a follow-up briefing from the department to obtain their responses to the issue raised in the submissions and further held deliberations on the Bill.
Therefore, the Select Committee on Land and Environmental Affairs, having considered the Sectional Titles Amendment Bill referred to it and classified by the Joint Target Mechanism, JTM, as a section 75 Bill, supports the Bill. Thank you. [Applause.]
Debate concluded.
I shall now put the question. The question is that the Bill, subject to the proposed amendments, be agreed to.
In accordance with Rule 63, I shall first allow political parties to make a declaration of vote if they so wish. Is there any political party that wishes to make a declaration of vote? There is none.
We shall now proceed to vote on the question. Before I call for votes, please press button number one to confirm your presence. There should be lights flashing. Are your lights flashing? If not, the service officers will assist you. Those in favour please press button number four, those against press button number two and those who are abstaining press button number three. Voting is now open. Are there any members who wish to be assisted with manual voting? Please indicate by a show of hands. Have all members voted?
If any member has mistakenly voted in a way that he or she did not wish to, he or she has an opportunity to correct that, whether electronically or manually. In the absence of anyone needing assistance, I request the tally.
Thank you very much, hon members. There were no abstentions and no objections. Therefore the majority of the House voted in favour of the Bill.
Chairperson, I just want - for the record - to enquire what the exact count of people was who voted in favour of the Bill.
It was 40.
40?
Yes.
But, with due respect, Mr Chairperson, it seems to me that there are more than 40, and you indicated that nobody abstained.
According to our records, we don't have any abstentions. The records that we have here show no abstentions. [Interjections.] Exactly. Let us not ... [Interjections.] The majority of members voted in favour. I therefore declare the Bill, subject to the proposed amendments, agreed to in terms of section 75 of the Constitution. [Applause.]
Bill, subject to proposed amendments, agreed to in accordance with section 75 of the Constitution.
consideration of Report of select committee on co-operative governance and traditional affairs - CONSIDERATION OF termination of interventions in Xhariep district municipality and mohokare local municipality
Consideration of report of select committee on co-operative governance and traditional affairs - intervention in Mafikeng local municipality
Consideration of REPORT OF select committee on co-operative governance and traditional affairs - performance report of Eastern Cape municipalities
Chairperson, hon members of the House, lest we forget, after next month, which is November, we will be celebrating 10 years of the existence of the transformation of municipalities in this country on 5 December.
This is the report dealing with termination of the interventions in Xhariep District Municipality and Mohokare Local Municipality. The committee agrees with the report, which emphasises ongoing management capacity-building in these two municipalities, precisely because political administrative stability is showing signs of improvement.
Regarding the Mafikeng Local Municipality, the committee recommends that the House approve the intervention and that the Hawks pursue all cases of financial irregularities, fraud and allegations of corruption.
The council vehicles that are alleged to be in the Gauteng province should be tracked down and investigated, and the culprits pursued by law. Improper appointments of 20 contract workers must be corrected and disciplinary procedures must be followed. Corrective measures should be taken against the community services director who refused to serve the community. The administrator should fast-track the appointment of a municipal manager, and facilitate the transfer of skills. The House should receive quarterly reports from the provincial executive.
With regard to the Eastern Cape report - this is the report in regard to section 46 of the Local Government: Municipal Systems Act - the committee agrees and knows the progress that is emerging in that province, and the House should approve the report but emphasise that there should be ongoing support on service delivery, infrastructure development, and political and administrative instability. I thank you. [Applause.]
Debate concluded.
Question put: That Report on Consideration of Termination of Interventions in Xhariep District Municipality and Mohokare Local Municipality be adopted.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Report on Consideration of Termination of Interventions in Xhariep District Municipality and Mohokare Local Municipality accordingly adopted in accordance with section 65 of the Constitution.
Question put: That Report on Intervention in Mafikeng Local Municipality be adopted.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape. Report on Intervention in Mafikeng Local Municipality accordingly adopted in accordance with section 65 of the Constitution.
Question put: That Report on Performance Report of Eastern Cape Municipalities be adopted.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Report on Performance Report of Eastern Cape Municipalities accordingly adopted in accordance with section 65 of the Constitution.