Davidson Proposal: Regulate business interest of State employees contracting with the State; Third Term Sessional Report & Fourth Term Programme: adoption

Meeting report

The Chairperson explained that the previous week’s meeting had to be cancelled due to most Members being involved in other meetings that were prioritised by Parliament; however, he encouraged Members to attend this Committee whenever possible as it was also important.

Letter to meet with Committee
The Chairperson informed Members that the Committee had received a letter from the Johannesburg Metropolitan Council. The Council requested a meeting with the Committee so that the two bodies could share experiences and strengthen relationships. A date would be decided between 14 and 17 November 2011 to arrange this meeting.

Update on Study Tour to Canada
The Chairperson updated Members on the planned study tour to Canada in January next year. The weather was extremely cold at that time of the year and visitors were discouraged from visiting then. Also, the Canadian Parliament would be in recess during that period and therefore unavailable. The matter was discussed with the House Chairperson, who indicated that alternative arrangements could be made for the June/July recess period. He further advised that it needed to be verified whether the Canadian Parliament would also be in recess and if that time was convenient for them. The number of Members (that would undertake the trip) would have to be limited to about six Members. The benefit of that was that the Committee would be able to undertake a second study tour. Members who did not attend meetings would not be included; there were Members that did not attend a single meeting.

It was proposed that instead of the study tour that was supposed to take place in January the Committee visit provinces that were already in operation in terms of the Petitions Act during the period that it was supposed to be in Canada. The House Chairperson had shown an interest in that and it was a matter of making arrangements and processing formal applications. When going to Canada the Committee would understand the dynamics of how other spheres of legislature operated in South Africa.

Ms F Khumalo (ANC) welcomed the idea of visiting other provinces to be well informed. She referred to Members that did not attend any meetings at all, and asked whether it was the responsibility of that political party to check what they were doing? It was a concern to the Committee.

The Chairperson said he had asked the Whip to attend to that but she was currently outside the country.

Fourth Term Programme
The second draft of the Committee programme for the fourth term was tabled and considered.

Mr P Pretorius (DA) referred to Wednesday, 16 November, joint meeting with the Portfolio Committee on Labour. The reference to Labour should refer to Hon Ollis’s proposal, and not that of Hon Trollip.

Ms Khumalo agreed with Hon Pretorius. She asked whether the two joint meetings in the programme were already confirmed or a proposal on the Committee’s side. Some Members sat on both committees.

Mr Pretorius said that the Committee’s only function was to look at the six criteria; he was not sure that other committees could play a part in convincing this Committee as to whether the proposals confirmed to those six criteria. This Committee could in any case consider the technical aspects without referring to the other committees.

The Chairperson indicated that the days allocated for joint meetings were proposals from this Committee. What Mr Pretorius said was correct, however, that should not do away with consulting with portfolio committees responsible for the work being done. For this Committee to avoid more than one sitting, it was better that the department responsible for the proposal briefed the Committee than for the Committee to wait for their submission, which generally took a very long time.

Mr Pretorius understood that there were further Private Members’ proposals in the pipeline, he was aware of one from Dr Wilmot James (DA Member), he asked whether any had been received yet?

The Chairperson replied that it was still in the pipeline and would be programmed when it came.

Ms J Sosibo (ANC) moved that the programme be approved with amendments.

Ms M Mdaka (ANC) seconded.

The programme was adopted with amendments.

Recommendation report on Davidson Proposal: Regulate business interest of State employees
The Committee, having considered the legislative proposal to regulate Business Interests of State Employees in terms of rule 211 of the Rules of the National Assembly, and having consulted with the Portfolio Committee on Public Service and Administration, the Ministry of Public Service and Administration, and having heard the presentation by honourable I O Davidson, recommended that permission not be granted to the member to proceed with the proposed legislation. The Committee made the following observations with regard to its recommendation:
• The legislative proposal of Hon Davidson preempted legislation soon to be introduced by the Department of Public Service and Administration;

•The objectives of the legislative proposal were largely similar to legislation envisaged in the Public Sector Integrity Framework, published by the Department of Public Service and Administration. (See report for other observations).

The report was approved by the Committee. It would then be signed and forwarded to the Speaker for ATC.

Adoption of minutes
The Committee approved the Minutes of the meeting held on 14 September 2011 with technical amendments.

Draft Sessional Report July – September 2011
The Chairperson tabled the draft sessional report for consideration. The report highlighted the Committee’s activities fro the period July-September 2011.

It was recommended that the last sentence under item 5 be deleted.

The date of adoption of the first item on page 6 to be changed to 19 October 2011.

Under item 10.2, Mr Pretorius asked whether the letter had been addressed to Mr Bosman concerning Ms van Rheede’s options.

The Chairperson replied that it had.

The report was adopted with amendments.

The meeting was adjourned.