National Council of Provinces - 27 June 2008
FRIDAY, 27 JUNE 2008 __
PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
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The Council met at 09:05.
The House Chairperson (Mr T S Setona) took the Chair and requested members to observe a moment of silence for prayer or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.
SOCIAL HOUSING BILL
(Decision of Question on Bill and of Report thereon)
Question put: That the Bill be agreed to.
The HOUSE CHAIRPERSON(Mr T S Setona): Order! I shall now put the question. The question is that the Bill be agreed to. As the decision is dealt with in terms of section 65 of the Constitution, I shall first ascertain whether all delegation heads are present in the House. I will note the absence of Gauteng’s delegation head in the House.
In accordance with Rule 71, I shall first allow provinces the opportunity to make their declarations of vote if they so wish.
We shall now proceed to voting on the question. I shall do this in alphabetical order per province. Delegation heads must please insert their cards. Before I call for the voting to proceed, please press button number one to confirm your presence.
When I call the name of the province the delegation head will vote by pressing number four, for those who vote in favour; button number two, for those who vote against; and button number three, for those who abstain.
Have all the provinces voted? I must bring it to the attention of hon members that the voting and mandates from provinces are in front of me. So, should anyone vote without a mandate, I would be able to make a ruling on that accordingly. I call upon the staff to bring the votes.
IN FAVOUR: Eastern Cape, Free State, Limpopo, Mpumalanga, Northern Cape, North West and Western Cape.
AGAINST: KwaZulu-Natal.
ABSTAIN: Gauteng (absent).
Bill accordingly agreed to in accordance with section 65 of the Constitution.
HOUSING DEVELOPMENT AGENCY BILL
(Decision of Question on Bill and of Report thereon)
Question put. That the Bill be agreed to.
IN FAVOUR: Eastern Cape, Free State, Limpopo, Mpumalanga, Northern Cape, North West and Western Cape.
ABSTAIN: Gauteng (absent), KwaZulu-Natal.
Bill accordingly agreed to in accordance with section 65 of the Constitution.
The Council adjourned at 09.12. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Bills passed by Houses – to be submitted to President for assent
(1) Bills passed by National Assembly on 26 June 2008:
a) South African Judicial Education Institute Bill [B 4D – 2007]
(National Assembly – sec 75)
b) Judicial Service Commission Amendment Bill [B 50B - 2007]
(National Assembly – sec 75)
- Introduction of Bills
(1) The Minister of Trade and Industry
a) Companies Bill [B 61 – 2008] (National Assembly – proposed sec
75) [Explanatory summary of Bill and prior notice of its
introduction published in Government Gazette No 31104 of 30
May 2008.]
Introduction and referral to the Portfolio Committee on Trade
and Industry of the National Assembly, as well as referral to
the Joint Tagging Mechanism (JTM) for classification in terms
of Joint Rule 160.
In terms of Joint Rule 154 written views on the classification
of the Bills may be submitted to the JTM within three
parliamentary working days.
- Classification of Bills by Joint Tagging Mechanism (JTM)
(1) The JTM in terms of Joint Rule 160(6) classified the following
Bills as section 75 Bills:
a) National Radioactive Waste Management Agency Bill [B 41 –
2008] (National Assembly – sec 75).
b) Criminal Procedure Amendment Bill [B 42 – 2008] (National
Assembly – sec 75).
c) Legal Succession to the South African Transport Services
Amendment Bill [B 43 – 2008] (National Assembly – sec 75).
d) Medicines and Related Substances Amendment Bill [B 44 – 2008]
(National Assembly – sec 75).
e) National Conventional Arms Control Amendment Bill [B 45 –
2008] (National Assembly – sec 75).
f) Intellectual Property Rights from Publicly Financed Research
and Development Bill [B 46 – 2008] (National Assembly – sec
75).
g) Skills Development Amendment Bill [B 49 – 2008] (National
Assembly – sec 75).
h) Built Environment Professions Bill [B 53 – 2008] (National
Assembly – sec 75).
i) Medical Schemes Amendment Bill [B 58 – 2008] (National
Assembly – sec 75).
(2) The JTM in terms of Joint Rule 160(6) classified the following
Bills as section 76 Bills:
a) National Road Traffic Amendment Bill [B 39 – 2008] (National
Assembly – sec 76).
b) Public Administration Management Bill [B 47 – 2008] (National
Assembly – sec 76).
c) National House of Traditional Leaders Bill [B 56 – 2008]
(National Assembly – sec 76).
The Bill has also been classified as a Bill falling within the
ambit of section 18(1)(a) of the Traditional Leadership and
Governance Framework Act, 2003 (Act No 41 of 2003).
d) Traditional Leadership and Governance Framework Amendment Bill
[B 57 – 2008] (National Assembly – sec 76).
The Bill has also been classified as a Bill falling within the
ambit of section 18(1)(a) of the Traditional Leadership and
Governance Framework Act, 2003 (Act No 41 of 2003).
- Calling of Joint Sitting - amended
The Speaker of the National Assembly, Ms B Mbete, and the Chairperson
of the National Council of Provinces, Mr M J Mahlangu, in terms of
Joint Rule 7(2), have called a joint sitting of the Houses of
Parliament for Friday, 27 June 2008 at 9:30 in order to celebrate the
90th birthday of Nelson Rholihlahla Mandela, former President of the
Republic.
B MBETE, MP M J MAHLANGU, MP
SPEAKER OF THE CHAIRPERSON OF THE
NATIONAL ASSEMBLY NATIONAL COUNCIL OF
PROVINCES
National Council of Provinces
The Chairperson
- Message from National Assembly to National Council of Provinces in respect of Bills passed by Assembly and transmitted to Council
(1) Bills passed by National Assembly and transmitted for
concurrence on 26 June 2008:
(a) Mineral and Petroleum Resources Development Amendment Bill
[B 10D – 2007] (National Assembly – sec 75).
The Bill has been referred to the Select Committee on Economic
and Foreign Affairs of the National Council of Provinces.
(b) Tobacco Products Control Amendment Bill [B 7B – 2008]
(National Assembly – sec 76).
The Bill has been referred to the Select Committee on Social
Services of the National Council of Provinces.
(c) South African National Space Agency Bill [B 20B – 2008]
(National Assembly – sec 75).
The Bill has been referred to the Select Committee on Education
and Recreation of the National Council of Provinces.
(d) Liquor Products Amendment Bill [B 22B – 2008] (National
Assembly – sec 75).
The Bill has been referred to the Select Committee on Land and
Environmental Affairs of the National Council of Provinces.
(e) Air Services Licensing Amendment Bill [B 25B – 2008]
(National Assembly – sec 75).
The Bill has been referred to the Select Committee on Public
Services of the National Council of Provinces. 2. Referral to Committees of papers tabled
Please note: The following referral amends item 3 under the entry
“Referral to Committees of papers tabled”, published on page 1375 of
the Announcements, Tablings and Committee Reports of 24 June 2008:
1) The following papers are referred to the Select Committee on
Finance for consideration and report:
(a) Protocol amending the Agreement between the Government of
the Republic of South Africa and the Government of Australia
for the avoidance of double taxation and the prevention of
fiscal evasion with respect to taxes on income, tabled in terms
of section 231(2) of the Constitution, 1996.
(b) Explanatory Memorandum to the Protocol amending the
Agreement between the Government of the Republic of South
Africa and the Government of Australia for the avoidance of
double taxation and the prevention of fiscal evasion with
respect to taxes on income.
(c) Agreement between the Government of the Republic of South
Africa and the Government of the Republic of the Sudan for the
avoidance of double taxation and the prevention of fiscal
evasion with respect to taxes on income, tabled in terms of
section 231(2) of the Constitution, 1996.
(d) Explanatory Memorandum to the Agreement between the
Government of the Republic of South Africa and the Government
of the Republic of the Sudan for the avoidance of double
taxation and the prevention of fiscal evasion with respect to
taxes on income.
2) The following paper is referred to the Select Committee on
Security and Constitutional Affairs:
(a) Arrangement between the Minister for Safety and Security
of the Republic of South Africa and the Minister of the
Interior and Kingdom Relations of the Kingdom of the
Netherlands on Bilateral Police Cooperation, tabled in terms of
section 231(3) of the Constitution, 1996.
TABLINGS
National Assembly and National Council of Provinces
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The Minister for Public Enterprises
(a) Eskom’s 2008/09 tariff increase and amended pricing structure subsequent to NERSA’s revision of the 2008/09 Eskom price increase from 14,2% on 18 June 2008, tabled in terms of section 42(2) of the Local Government: Municipal Finance Management Act, 2003 (Act No 56 of 2003), and supporting documents required in terms of section 42(3) of the same Act.
COMMITTEE REPORTS
National Assembly and National Council of Provinces
CREDA INSERT REPORT- T080626e-insert1 – PAGES 1437-1443
National Council of Provinces
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Report of the Select Committee on Finance on the Financial Services Laws General Amendment Bill [B 21B—2008] (Section 75), dated 25 June 2008:
The Select Committee on Finance, having considered the Financial Services Laws General Amendment Bill [B 21B—2008] (National Assembly—sec 75) referred to it and classified by the Joint Tagging Mechanism as a Section 75 Bill, reports that it has agreed to the Bill.
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Report of the Select Committee on Finance on the Special Pensions Amendment Bill [B 29B—2008] (National Assembly - Section 75), dated 25 June 2008;
The Select Committee on Finance, having considered the Special
Pensions Amendment Bill [B 29B—2008] (National Assembly—sec 75)
referred to it and classified by the Joint Tagging Mechanism as a
Section 75 Bill, reports that it has agreed to the Bill.