Western Cape Nineteenth Gambling and Racing Amendment Bill: consideration & finalisation

Meeting report

Opening remarks by the Chairperson 

The Chairperson informed Members that the Western Cape Nineteenth Gambling and Racing Amendment Bill [B1-2020 (hereafter referred to as the Bill), would be the first Bill to be considered by the Committee for the current term. 

She indicated that some new Members might be unfamiliar with the process and explained that, firstly, the Committee had to informally consider the Bill.

Once the Committee had informally considered the Bill, Members would comb clause-by-clause through the Bill. 

During this process, Members would be allowed to raise comments or make amendments. Once this had been concluded, the formal consideration of the Bill would commence.

The formal consideration would be followed by the Motion of Desirability.

The Committee would then be afforded the opportunity to review the Bill, clause-by-clause, followed by the adoption of the Bill in its entirety.

After the Bill had been adopted, the Committee would consider the draft Committee report.

Informal consideration of the Bill

The Chairperson went through the five clauses of the Bill.

She noticed an extra "t" typo error in the first two paragraphs of Section 1 of the Bill's English version.

She asked for the Committee's support to have the extra’t’ removed. She noted that this should not have any bearing on the merits of the Bill.

Members agreed to the Chairperson request and the motion carried.

Discussion

Mr D Mitchell (DA) indicated that he was satisfied with the contents of the Bill and called for the Bill to be informally adopted.

Mr A Van der Westhuizen (DA) seconded Mr Mitchell's proposal.

The Committee had informally adopted the Bill with no minority view or abstentions.

Motion of Desirability

The Chairperson read out the Motion of Desirability that detailed the rationale for the Bill. 

The Committed adopted the Motion of Desirability. 

Formal consideration of the Bill

The Chairperson explained that each clause had to be read out and acceded to.

All five clauses had been acceded to by the Committee. There had been no abstentions or minority view.

Long title of the Bill

The Committee adopted the long title of the Bill.

Adoption of the Bill

The Committee adopted the Bill, in its entirety, with the proposed amendment.

Discussion

A question had been raised whether the year "2020", indicated as part of the long title, affected the constitutionality of the Bill.

The Chairperson asked the parliamentary legal advisor to provide a legal opinion.

Adv Romeo Maasdorp, Western Cape Provincial Parliament Legal Advisor, informed that there had been no legal impediment to the constitutionality of the Bill if 2020 remained as part of the long title. 

He explained that 2020 only indicated the year that the Bill had been drafted, and not necessarily when the Bill came into effect. 

He added that the Premier could sign the Bill into law at any time in the future.

The Chairperson thanked Adv Maasdorp for his opinion.

The Chairperson noted that Members had been satisfied with the explanation that had been provided.

Draft Committee report on the Bill

The Chairperson read out the draft Committee report to Members, who had also subsequently adopted the report.

Consideration and adoption of Standing Committee minutes

The Committee adopted its minutes for meetings dated 3 and 10 February, 11 March, 18 March and 19 March 2021.

Committee resolutions/actions

None

The Chairperson adjourned the meeting