Selfe and de Lille Proposals: President's power to pardon; Pretorius Proposal: Amend the Land and Agricultural Development Bank Act

Private Members' Legislative Proposals and Special Petitions

15 February 2010
Chairperson: Mr S Thobejane (ANC)
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Meeting Summary

It was agreed to invite Mr J Selfe and Ms P de Lille to present their respective legislative proposals on Presidential Pardons on the 2 March. The Office of the President would also be invited to give its understanding and response to these. It was decided that Mr Pretorius would present his proposal to amend the Land and Agricultural Development Bank Act on 23 March.

The Committee’s International Study Tour was supposed to have taken place in the last session of 2009. Options had been the UK, Canada and Ghana. Authorisation was not received, and the Canadian Parliament would have been in recess at that time. The tour was postponed and rescheduled for 7 to 13 March, but that had to be reconsidered as the Canadian Parliament indicated they could give only two days. The Chairperson proposed, if financial resources permitted, that they go to Canada this financial year and in the next financial year, they go to Ghana.
 

Meeting report

Legislative Proposals in respect of Presidential Pardons
Proposals had been received from Mr J Selfe (DA) and Ms P de Lille (ID) to amend the power of the President in pardoning prisoners.  The two proposers would be invited to make their presentations before the Committee, and the Presidency would be present to give its response, where after the Committee would deliberate.

Ms P Mocumi (ANC) proposed that Parliament’s legal team be invited first to guide the Committee.

The Chairperson said the mandate was from Section 84(2) (j) of the Constitution, which gave the President powers to pardon prisoners. The legal team would advise the Committee during deliberations after the presentations.

It was agreed to invite the Presidency to the meeting on 2 March. Ms de Lille and Mr Selfe to present their proposals and the Presidency to give its understanding.

Legislative Proposal to amend the Land and Agricultural Development Bank Act
Mr P Pretorius (PA) was not present as he had to attend a SCOPA meeting. The proposal dealt with the appointment of the Board of the Land and Agricultural Development Bank. Ms A Dreyer (DA) explained that there were the two proposals, but the first, dated 23 September 2009, had been withdrawn and was replaced by that of 12 October 2009.

The Chairperson was concerned that as proposals had to go through the Speaker’s Office and not directly to the Committee, it should first be checked with the Speaker as to which version the Committee should consider.

Ms Dreyer pointed out that both proposals were addressed to the Speaker.

The Chairperson said the first proposal came through National Treasury, he did not know whether they had the second version.

Ms J Bednar-Giyose (Director: Fiscal and Intergovernmental Legislation, National Treasury) clarified that the appropriate version had been recorded on the Announcements, Tablings and Committee Reports (ATC) and had been formally tabled. It was the correct proposal and the Office of the Speaker was fully aware.

Mr Pretorius would be invited to present on 23 March.

International Study Tour
The Chairperson explained that the study tour was supposed to have taken place in the last term. Options were the UK, Canada and Ghana. Authorisation had not been received, and the Canadian Parliament would have been in recess at that time. It was postponed and rescheduled for 7 to 13 March, but that had to be reconsidered as the Canadian Parliament indicated they could only give two days. Ghana and UK were out, as based on the budget, they could only take one country. There were insufficient funds and they had also been advised that only four members could be accommodated.

Mr N Fihla (ANC) suggested going to Ghana.

The Chairperson explained that the countries had been prioritised in that Canada was considered to be the best model, followed by the UK and then Ghana, only one could be taken. The aim was to get to know the Petitions Act. Frustrated people resorted to violence and all sorts of things, because there was a vacuum in addressing the needs of the people. The Petitions Act would be an alternative for people who had exhausted all other avenues.

Mr Fihla said they could not go to Canada for just a day or two and should rather explore the option of the UK.

Ms Dreyer supported Mr Fihla; it would also be better value for money.

Ms Mocumi proposed that the Chairperson and Committee Secretary explore to which would be the best country to go.

Mr Lance Greyling (ID) said as member of the Environmental Committee he had been involved in a conference with the UK Parliament last year, and suggested that if Canada could only give a day and half that the Committee rather consider going to the UK and then follow up with a video conference with the Canadian Parliament. It could have a really good engagement that way.

The Chairperson proposed that if financial resources permitted, to go to Canada this year and in the next financial year go to Ghana. He added that the Limpopo, KwaZulu-Natal and Gauteng Legislatures each had a Petitions Act and the Committee would look at those.

It was decided that Management was to explore the travel options and inform the Committee.

Committee Programme for the First Term
The 23 March briefings by Hon Selfe and Hon de Lille on legislative proposals on the President’s power to pardon, were moved to 2 March.

On the 23 March, there would be the presentation by Mr Pretorius on the proposal about the appointment of the Board of the Land and Agricultural Development Bank; and Consideration of Committee Report on the Study Tour.

Adoption of Minutes
The minutes of the Committee meeting held on 17 November 2009 were approved and adopted.
 
The meeting was adjourned.

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