Disaster Management Amendment Bill [B10C-15]: NCOP amendments; Planned public hearings on the Traditional and Khoi-San Leadership Bill

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Cooperative Governance and Traditional Affairs

17 November 2015
Chairperson: Mr M Mdakane (ANC)
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Meeting Summary

The Committee met briefly to adopt the amendments to the Disaster Management Amendment Bill. The only amendments to be made are on page four where Section 31 will change to Section 45A. The amendments were adopted.

The National Council of Provinces asked to be part of the public hearings, and to be included in the public hearings proposed programme. It was proposed that the public hearings should start in the Western Cape because there are not many Traditional Houses in the province and most of the public hearings will be from academics and educational centres.

Two different groups formed of Committee members will conduct the public hearings. Group 1 will attend public hearings in four provinces and Group 2 will attend public hearings in four provinces as well.

A Member asked why the Committee on Justice is conducting the Traditional Court Bill, and the Chairperson indicated that most of the provinces do not have problems with their traditional affairs.

Meeting report

Planned Visits for Public Hearings on the Traditional and Khoi-San Leadership Bill
The Committee started with discussion while waiting for other Members to form a quorum for the adoption of the amendments.

The Chairperson said the National Council of Provinces (NCOP) asked to be part of the public hearings for the Traditional and Khoi-San Leadership Bill, and asked the parliamentary staff to include that information in the proposed programme. The Committee had planned on having two days for public hearings in the Western Cape from public institutions who would help shed some light into the management of traditional affairs.

Mr E Mthethwa (ANC) said in the last meeting that he wanted to be moved in the sessions of Group 1, and many other Members had changed groups in the previous meetings. It was unfortunate that those changes were not reflected in the programme because the staff was not available due to the workers protest. He also proposed that the public hearings should start in the Western Cape because there are not many Traditional Houses in the province and most of the public hearings will be from academics and educational centres such as the South African Local Government Association (SALGA); Legal Resource Centre, Dr William Langeveldt; and the Institute for the Restoration of the Aborigines of South Africa. 

Mr K Mileham (DA) said the public hearings were scheduled to start the same week as the National Assembly sittings.

The Chairperson said it was possible that there were more organisations that were not on the list but could be invited to the public hearings. The academics, educational centres and non-traditional houses that would be a part of the public hearings would assist the Committee on ways that it can deal with traditional affairs.

Although the Members were not placed in their correct groups the Committee could at least indicate whether they agreed with the structure of the proposed programme. Once Members established in which Group they wanted to fall under; the inclusion of the NCOP members could then be dealt with.

Members agreed with the structure of the proposed programme.

The Chairperson said a mistake was made on the proposed programme; Group 2 would have their public hearings in Mpumalanga, KwaZulu-Natal (KZN) and the Eastern Cape (EC). He asked that the correction on the programme be made accordingly. On the other hand, Group 1 would attend public hearings in Limpopo, Free State, Gauteng and the North West. The public hearings would not all be done this year and the Committee should be done at the beginning of next year.

Mr Mileham said the Department of Justice was conducting public hearings in Limpopo on 30 November 2015 regarding the Traditional Court Bill. He asked if the Bill did not fall under the Committee.

The Chairperson responded that the Portfolio Committee on Justice was dealing with the Bill. The Committee had not received any information regarding the Bill.

Mr N Masondo (ANC) asked that the changes regarding the locations for each group be made before the start of the public hearings.

The Chairperson indicated that the provinces that face the most problems when it came to traditional affairs were Limpopo, KZN and the EC. The major problems with the traditional affairs of KZN and EC were leadership, regarding who should lead the Induni households, and in the Western Cape the issue of the inclusion of the Khoi-San has been a problem.

Mr M Matlhoko (EFF) said the Chairperson pronounced his surname incorrectly.

The Chairperson apologised.
He said if the Disaster Management Amendment Bill is tabled in National Assembly the Committee must be informed, and that it was important for the Committee to keep track of the process of the Bill. Most amendments of the Bill related to technical issues.

Mr M Mapulane (ANC) was concerned that the workers strike may affect the administration of the public hearings. Information regarding the dates when the public hearings are to take place must be communicated to the organisations.

The Chairperson told the Committee that some organisation has already made submissions and public hearings were already conducted to the Department of Cooperative Governance and Traditional Affairs (COGTA), therefore there is no need for the Committee to invite those organisations.

Disaster Management Amendment Bill
A Parliamentary staff member said the dates when the public hearings are to take place the only amendments made were on page four where Section 31 would change to Section 45A. The amendment was also changed on page nine of the B 10D Bill.

The Chairperson read out the proposed Committee report on the Bill:

The Portfolio Committee on Cooperative Governance and Traditional Affairs, having considered the subject of the Disaster Management  Amendment Bill [B 10 - 2015] (National Assembly – sec 76), referred to it and classified by the Joint Tagging Mechanism (JTM) as a section 76 Bill, agrees to the Bill with amendments [B10D – 2015].

The Chairperson stated that once the Committee has adopted the amendments the Bill will be sent to the National Assembly for consideration.

Mr A Mudau (ANC) moved for the adoption of the amendments.

Mr N Masondo (ANC) seconds the adoption of the amendments.

The bill was adopted.

The meeting was adjourned.

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