Pension Funds Amendment Bill: Pension Funds Amendment Bill: Committee Report on Motion of Desirability

Meeting report

The Chairperson convened the virtual meeting and welcomed Members and the Parliamentary support staff that were in attendance. He confirmed that the meeting was quorate, and noted the apology submitted by Mr N Kwankwa (UDM) who could not attend the meeting.

The purpose of the meeting was for the Committee to consider and adopt its Motion of Desirability on the Pension Funds Amendment Bill B30-2020. The second item on the agenda was for the Committee to consider and adopt its outstanding minutes.

Motion of Desirability on the Pension Funds Amendment Bill

The Chairperson asked the Parliamentary Legal Advisors to explain the difference to Members between the Committee’s last meeting and the purpose of the meeting today regarding the agenda item of adopting the Motion of Desirability.

Ms Noluthando Mpikashe, Parliamentary Legal Advisor, Constitutional and Legal Services Office, stated that the difference is that the Committee was considering the Motion of Desirability in its last meeting, and whether the Pension Funds Amendment Bill is desirable, and having decided that the Committee has to formally adopt the Motion of Desirability so that the Committee can report to Parliament on this matter.

Adv Frankie Jenkins, Senior Parliamentary Legal Advisor, noted that he will have the discussion with the staff of the Committee. He referred to the Constitutional Court’s judgment in the matter of Oriani-Ambrosini, MP v Sisulu, MP Speaker of the National Assembly (CCT 16/12) [2012] ZACC 27; 2012 (6) SA 588 (CC); 2013 (1) BCLR 14 (CC) (9 October 2012). There is a requirement that a Private Member’s Bill gets treated much like a Bill coming from Cabinet or from a Parliamentary Committee. Even if there is a Motion of Desirability that has been rejected, there is a need to report on that matter in order to comply with the judgment of the Constitutional Court.

The Chairperson noted that the Pension Funds Amendment Bill was a Private Member’s Bill which was introduced in Parliament in November 2020 by Dr Dion George MP. He asked if any Member wanted to move for the Committee to adopt the Motion of Desirability.

Dr D George (DA) stated that he understood the outlined process. He raised a concern about the wording of the Committee’s Report on the Motion of Desirability on the Pension Funds Amendment Bill. He referred to Item no. 7 that outlines which members did not support the Motion of Desirability and their reasons, such as the Pension Funds Amendment Bill was not comprehensive enough as to its implications as no socio-economic or financial impact study had been conducted. He referred to Item no. 6 which outlines who supported the Motion of Desirability. He commented that the Committee’s Report is not balanced in this regard, and that there is a need to include more substantive reasons on why the Motion of Desirability was supported and why some Members did not support it. He proposed that Item no. 6 be reworded to include the following: “The Members who supported the Bill stated that it would provide some relief to fund members given the difficult prevailing economic environment.” There is a need to include reasons as to why some Members supported the Pension Funds Amendment Bill in addition to the reasons why it was not supported by other Members who did not vote in favour of the Motion of Desirability.

The Chairperson agreed with Dr George and asked the Committee Secretariat to include the motivation put forward to ensure that both sides of the matter is reflected in the Committee’s Report. He again asked if any Member wanted to move for the adoption the Motion of Desirability.

Dr George moved for the adoption of the Motion of Desirability with the motivation included.

The Chairperson asked if any Member seconded the adoption of the Motion of Desirability with the amendment proposed by Dr George.

Mr Allan Wicomb, Committee’s Secretariat, commented that the Committee has already voted on the Motion of Desirability and asked for clarity on why it has to be adopted again by Members.

The Chairperson noted the question from Mr Wicomb and asked for the Parliamentary Legal Advisors in attendance to provide the Committee with assistance in this regard. He asked whether the Committee is supposed to vote on the Motion of Desirability again.

Adv Jenkins noted that the Committee is adopting its Report during this meeting, which must include the outcome of the vote on the Motion of Desirability, including the discussion that is captured.

The Chairperson thanked the delegation for the clarity. He again asked if any Member seconded the adoption of the Committee’s Report on the Motion of Desirability on the Pension Funds Amendment Bill and confirmed that Dr George has moved for the adoption of the Report.

Mr G Skosana (ANC) confirmed that his understanding is that the Committee has already dealt with the voting on the Motion of Desirability and is now voting to adopt the Committee’s Report on the Motion of Desirability on the Pension Funds Amendment Bill and whether it is a true reflection of what transpired in the previous meeting of the Committee. He agreed with Dr George that it should include the reasons of Members who previously supported the Motion of Desirability, even though it was a minority. After the amendment has been made, the Committee must then agree that the Report is a true reflection of the discussion and outcome of the vote on the Motion of Desirability.

Mr I Morolong (ANC) suggested that the Committee move for the adoption of the Committee’s Report and agreed with Dr George that it should include the reasons of Members who previously supported the Motion of Desirability, as was discussed during the previous meeting of the Committee.

The Chairperson noted that the Committee is thus voting on the adoption of the Committee’s Report on the Motion of Desirability on the Pension Funds Amendment Bill, and not voting on the Motion of Desirability itself, but rather that the contents of the Report is a true reflection on what the Committee has agreed upon during its previous meetings.

Ms Z Nkomo (ANC) moved for the adoption of the Committee’s Report.

Mr Morolong seconded the adoption of the Committee’s Report.

The Chairperson noted that the Committee has duly adopted the Committee’s Report on the Motion of Desirability on the Pension Funds Amendment Bill, with no objections.

Consideration and adoption of the Committee’s outstanding minutes

The Committee considered and adopted its outstanding minutes with minor amendments made. The sets of minutes that were adopted included the minutes for the Committee’s meetings held on 25 February, 03 March, 09 March, 16 March (morning session), 16 March (afternoon session), 04 May, 11 May, 19 May, 26 May, 01 June, 02 June, 13 August, 17 August, 18 August, 24 August, 25 August, 31 August, 01 September, 08 September, 09 November, 10 November, 16 November (morning session), 16 November (afternoon session), 17 November (morning session), 17 November (afternoon session), 19 November, 23 November, 24 November, 30 November, and 01 December 2021.

The Chairperson indicated the Committee has adopted its outstanding minutes, and that it was the final and last meeting of the Committee for the year.

Ms Nkomo thanked Members for the cooperation during the course of the year. There might have been a divide in terms of ideologies, but there is a common goal to build the nation. She wished all Members and the Parliamentary support staff a blessed festive season.

Dr George thanked the Chairperson for chairing the Committee fairly without fear and favour. He extended his appreciation for the other Members in the Committee and the work done by the parliamentary support staff and wished everyone a safe and happy festive season.

Mr W Wessels (FF+) thanked the Committee, Members, and the parliamentary support staff for the work done during the year. He wished everyone a blessed festive season and rest before the new year for the work that lays ahead of the Committee.

The Chairperson thanked Members for the work that has been during the busy year, especially in light of the COVID-19 pandemic and given how the way of work has changed. Members have shown a high level of professionalism and tolerance in the manner that they have related to each other from different parties and platforms. He stated that the following year will be busy and proposed that the Committee does more oversight visits and spend more time in the field, as this will add more weight to have a look at what is happening in the entities that reports to the it. He thanked the Parliamentary support staff for the work done under exceedingly difficult circumstances when working from home. He wished everyone a restful festive season and wished Members a safe return in 2022.

The meeting was adjourned.