Housing Consumer Protection Bill: final mandate

Infrastructure (WCPP)

18 March 2024
Chairperson: Ms M Maseko (DA)
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Meeting Summary

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The Standing Committee on Infrastructure (WCPP) convened virtually to deliberate on the Final Mandate of the Western Cape on the Housing Consumer Protection Bill [B10D-2021].

Concerns were raised about the delay in receiving the D version of the Bill and how the NCOP had handled the negotiating mandates, not thoroughly considering the amendments proposed by the province.

Nevertheless, the Committee adopted its final mandate on the Bill indicating that it supported the Bill.

Meeting report

The Chairperson greeted everyone and expressed gratitude for their attendance, acknowledging that despite it being a constituency day, they were convened to address the final mandate on the Housing Consumer Protection Bill due to the NCOP's scheduling. She introduced herself as the Chairperson of the Standing Committee on Infrastructure at the Western Cape Provincial Parliament, and invited Members to introduce themselves for record purposes.

The Chairperson relayed that an apology had been received from Mr T Klaas (EFF).

She then moved on to discuss the main agenda item, the final mandate of the Housing Consumer Protection Bill.

Discussion on the D-Version of the Housing Consumer Protection Bill [B10-2021]

The Chairperson continued, explaining that the Committee had been awaiting the D version for a considerable time. She mentioned that the Western Cape representative had highlighted concerns regarding the negotiating mandates not being fully deliberated on at the NCOP. Less than half of the negotiation mandates were deliberated. Despite this, the Committee’s representative still supported the Bill's mandate. The Chairperson emphasised the need to address these discrepancies in their final mandate.

(see attached for latest D Version of the Bill)

Ms C Murray (DA) supported the concerns raised, suggesting they be noted in the final mandate.

Mr I Sileku (DA) expressed uncertainty about the impact of the NCOP's handling of the Bill regarding the Committee's initial position of support (with amendments). He emphasised the need for a thorough evaluation of the situation. Less than 50% of the negotiation mandates were discussed in the NCOP meeting.

Adv Romeo Maasdorp, Legal Adviser, WCCP, elucidated the procedural aspect of the matter, indicating that not all proposals might be accepted during the negotiation of mandates. He emphasised the Committee's duty to determine whether the proposals were sufficiently significant to justify withdrawing support for the Bill. This assessment would occur after evaluating the comprehensive nature of the negotiating mandates. If the NCOP did not deliberate on those mandates, yet the Committee maintained confidence that the Bill could not be supported without the amendments, then that stance should prevail.

Ms Murray acknowledged Adv Maasdorp's explanation and expressed agreement with the proposed way forward.

Final Mandate on the Housing Consumer Protection Bill

The Chairperson introduced the final mandate report, noting that there were no discussions on additional matters – see attached

Ms Murray proposed and Mr Sileku seconded the adoption of the final mandate report.

The Chairperson expressed appreciation to everyone for their input.

Further, she thanked AdvMaasdorp and the Members for their involvement, recognising that it was a constituency day. She commended their dedication and appreciated their time.

The meeting was adjourned.

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