Mhlalingaphambili ohloniphekileyo, okokuqala mandiqala ngokubulela amalungu ekomiti ngokubanzi, ndibulele namalungu e-study group kunye noluntu oluthe lwathabatha inxaxheba xa besiqala ukwenza lo msebenzi ubaluleka kangaka, ndithi mandibabulele kakhulu ukuze lithi iphela ixesha lam ndibe sendibabelele ngokuzinikela kwabo ngamandla, bancama amaxesha abo eholide ngenxa yalo msebenzi. (Translation of isiXhosa paragraph follows)
[Ms B N DAMBUZA: Hon Chairperson, let me start off by thanking members of the committee at large and members of the study group, as well as members of the public for their participation when we undertook this very important task of considering of the Bill. I feel I should thank them enormously, before I run out of time, for their commitment and sacrifice, giving up their holiday time in order to attend to this task.]
The Portfolio Committee on Human Settlements, having considered the Rental Housing Amendment Bill referred to it in November 2011, reports as follows: The Portfolio Committee on Human Settlements derives its legislative and oversight mandate from the Constitution of the Republic of South Africa. In executing its mandates, the committee is directed by the Rules of Parliament and is further guided by the concept of an activist and responsive Parliament. Underlining this mandate is the responsibility of the portfolio committee to respond to the plight of citizens.
From the outset, the portfolio committee followed a thorough and exhaustive process in order to do justice to its constitutional mandate on processing the Rental Bill.
Manditsho ngokubanzi ukuba ... [Let me make it clear that ...
... the objective of the Bill is to make the establishment of Rental Housing Tribunals mandatory in every province.
The processing of the Rental Housing Amendment Bill resulted in several engagements between the committee, the national Department of Human Settlements, the Office of the Chief State Law Adviser, the parliamentary Legal Services Unit and the parliamentary Research Unit.
During its engagement with the department, and following public hearings, the committee observed that the department failed to consider and incorporate numerous important issues raised by the public. The portfolio committee resolved that most of the issues raised by the public had merit and required serious consideration. The committee anticipates that unless these critical issues are incorporated into a wider amendment of the principal Act of 1999, it will necessitate further amendments in the near future.
Mandiyithethe ngokubanzi into yokuba xa ikomiti ibithabatha inxaxheba kulo mba, iye yafumanisa ukuba kudingeka ukuba kubekho amasolotya ahambelanayo phaya kula Mthetho ungundoqo. Iye yacela ke imvume ngokomthetho nemigaqo yePalamente yokuba ifakele amanye amasolotya. Ikomiti iye yayifumana ke imvume leyo ibiyicelile.
Kodwa masitsho ke ukuba into esidanisileyo kukufumanisa ukuba emva kokuba sihambe umgama omde kakhulu, siye safumana ngomzuzu wokugqibela umyalezo ovela kwi-ofisi kaSomlomo wokuba uMphathiswa, umlawuli osemagunyeni, uye wawurhoxisa uMthetho osaYilwayo. Kulapho ke siye sabona ukuba asisakwazi ngoku ukuqhubeka siyile komiti. Kananjalo, sifuna ukuchaza ukuba ... (Translation of isiXhosa paragraph follows.)
[Let me indicate that, in its deliberations, the committee realised that it was necessary to bring about more amendments to the principal Act. It then sought and received, in terms of parliamentary Rules and regulations, a mandate to effect these amendments.
Let me also indicate that we were disappointed to get, at the eleventh hour, after all the work we had put into the process, a message from the Speaker's office to the effect that the Minister, the accounting officer, had withdrawn the Bill. In that case we could not continue with the task as this committee. Furthermore, ...]
... the committee asserts that it consulted with and had several extensive engagements with the department, affording it several opportunities to raise its concerns with respect to the Bill's implementation. The committee also highlighted its seven-month period of engagement with the department, from November 2011 until the end of May. This means 15 sessions were held to deliberate on the Bill. The committee therefore challenges the assertion that the department be afforded more time to fully examine the impact of the proposed amendments.
Eyona ngxubakaxaka, ngumba wokuba ikomiti ithi makubekho inkqubo yezicelo, kulo mba wokuxazululwa kweengxaki phakathi kwabaqeshi nabo baqeshisa ngezindlu zabo. Isebe oko belivumelana nathi. Sizokothuka xa sifumana ukuba isizathu sorhoxiso yile ndlela yesicelo abangayithandiyo bona kwisebe.
Thina ke sithi, siye sawenza umzekelo kuba sikwazile ukuba nalo eli solotya le-Sectional title, nokuba silifakele kwi-Ombudsman kuba kaloku sibonile ukuba i-Rental Tribunal ayikwazi ukuba yeyona eza kugqibezela.
Xa ndigqibezela, siyacele ukuba iPalamente. Enkosi [Laphel' ixesha.] [Kwaqhwatywa.] (Translation of isiXhosa paragraphs follows.)
[The bone of contention was the proposal by the committee that a process of applications be introduced in resolving disputes between tenants and landlords. The department had agreed with us on this, and it came as a surprise to us that the reason the department withdrew the Bill was because it was unhappy with the process of applications.
We have managed, for instance, to effect the sectional title amendment and we have submitted this to the Ombudsman because we have realised that the Rental Tribunal cannot have a final say in this matter.
In conclusion, we request that Parliament ... Thank you.[Time expired.] [Applause.]]
Hon House Chairperson, it is disquieting that Bills are introduced and arbitrarily withdrawn without any proper consultation with the chairpersons of committees. What happened in this case is not acceptable. We want that matter to be looked into. Otherwise, we are happy with this report. There was no debate.
Chairperson, I move -
That the Report be adopted.
Motion agreed to.
Report accordingly adopted.