Hon Chairperson, the Legal Practice Bill is classified as a Bill to be considered in terms of the provisions of section 76 of our Constitution. On 12 November 2013 the Legal Practice Bill was approved by this House and referred to the National Council of Provinces. The National Council of Provinces has completed its deliberations and consideration of this Bill and has now referred it back to this House with several amendments.
At its meeting yesterday, the Justice and Constitutional Development Portfolio Committee was informed that six of the nine provinces had voted in favour of the Bill, and it consequently resolved to approve the Bill as amended by the National Council of Provinces with certain members of our opposition parties present voting against the Bill.
At issue is an amendment brought by the NCOP Select Committee to clause 93. Throughout clause 93, as approved by the National Assembly, is found the phrase "is guilty of an offence". This phrase is a standard phrase and is common to all our statutes where offences and penalties are provided for. It has been understood over the years by our courts and the legal profession.
The National Council of Provinces, on the advice of one of Parliament's legal advisers, has seen fit to replace the phrase "is guilty of an offence" with the new phrase "commits an offence".
Some opposition parties have pounced on this as a reason for a Bill approved by the NCOP to be rejected by this House and consequently to be referred to mediation, as provided for in section 78 of our Constitution.
The question raised by ANC members in the portfolio committee is apposite, namely: does it turn on this matter? We are of the firm view that it does not. Accordingly, we recommend that this House approves the Legal Practice Bill as amended by the National Council of Provinces. I thank you. [Applause.]
There was no debate.