National Council of Provinces - 27 June 2008

FRIDAY, 27 JUNE 2008 __

          PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
                                ____

The Council met at 09:05.

The House Chairperson (Mr T S Setona) took the Chair and requested members to observe a moment of silence for prayer or meditation.

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.

                         SOCIAL HOUSING BILL

        (Decision of Question on Bill and of Report thereon)

Question put: That the Bill be agreed to.

The HOUSE CHAIRPERSON(Mr T S Setona): Order! I shall now put the question. The question is that the Bill be agreed to. As the decision is dealt with in terms of section 65 of the Constitution, I shall first ascertain whether all delegation heads are present in the House. I will note the absence of Gauteng’s delegation head in the House.

In accordance with Rule 71, I shall first allow provinces the opportunity to make their declarations of vote if they so wish.

We shall now proceed to voting on the question. I shall do this in alphabetical order per province. Delegation heads must please insert their cards. Before I call for the voting to proceed, please press button number one to confirm your presence.

When I call the name of the province the delegation head will vote by pressing number four, for those who vote in favour; button number two, for those who vote against; and button number three, for those who abstain.

Have all the provinces voted? I must bring it to the attention of hon members that the voting and mandates from provinces are in front of me. So, should anyone vote without a mandate, I would be able to make a ruling on that accordingly. I call upon the staff to bring the votes.

IN FAVOUR: Eastern Cape, Free State, Limpopo, Mpumalanga, Northern Cape, North West and Western Cape.

AGAINST: KwaZulu-Natal.

ABSTAIN: Gauteng (absent).

Bill accordingly agreed to in accordance with section 65 of the Constitution.

                   HOUSING DEVELOPMENT AGENCY BILL

        (Decision of Question on Bill and of Report thereon)

Question put. That the Bill be agreed to.

IN FAVOUR: Eastern Cape, Free State, Limpopo, Mpumalanga, Northern Cape, North West and Western Cape.

ABSTAIN: Gauteng (absent), KwaZulu-Natal.

Bill accordingly agreed to in accordance with section 65 of the Constitution.

The Council adjourned at 09.12. ____

            ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

  1. Bills passed by Houses – to be submitted to President for assent
(1)    Bills passed by National Assembly on 26 June 2008:


      a) South African Judicial Education Institute Bill [B 4D – 2007]
         (National Assembly – sec 75)


      b) Judicial Service Commission Amendment Bill [B 50B - 2007]
         (National Assembly – sec 75)
  1. Introduction of Bills
 (1)    The Minister of Trade and Industry


      a) Companies Bill [B 61 – 2008] (National Assembly – proposed sec
         75) [Explanatory summary of Bill and prior notice of its
         introduction published in Government Gazette No 31104 of 30
         May  2008.]


         Introduction and referral to the Portfolio Committee on Trade
         and Industry of the National Assembly, as well as referral to
         the Joint Tagging Mechanism (JTM) for classification in terms
         of Joint Rule 160.


         In terms of Joint Rule 154 written views on the classification
         of the Bills may be submitted to the JTM within three
         parliamentary working days.
  1. Classification of Bills by Joint Tagging Mechanism (JTM)
(1)    The JTM in terms of Joint Rule 160(6) classified the following
     Bills as section 75 Bills:

      a) National Radioactive Waste Management Agency Bill [B 41 –
         2008] (National Assembly – sec 75).

      b) Criminal Procedure Amendment Bill [B 42 – 2008] (National
         Assembly – sec 75).

      c) Legal Succession to the South African Transport Services
         Amendment Bill [B 43 – 2008] (National Assembly – sec 75).

      d) Medicines and Related Substances Amendment Bill [B 44 – 2008]
         (National Assembly – sec 75).

      e) National Conventional Arms Control Amendment Bill [B 45 –
         2008] (National Assembly – sec 75).

      f) Intellectual Property Rights from Publicly Financed Research
         and Development Bill [B 46 – 2008] (National Assembly – sec
         75).

      g) Skills Development Amendment Bill [B 49 – 2008] (National
         Assembly – sec 75).

      h) Built Environment Professions Bill [B 53 – 2008] (National
         Assembly – sec 75).

      i) Medical Schemes Amendment Bill [B 58 – 2008] (National
         Assembly – sec 75).


(2)    The JTM in terms of Joint Rule 160(6) classified the following
     Bills as section 76 Bills:

      a) National Road Traffic Amendment Bill [B 39 – 2008] (National
         Assembly – sec 76).

      b) Public Administration Management Bill [B 47 – 2008] (National
         Assembly – sec 76).

      c) National House of Traditional Leaders Bill [B 56 – 2008]
         (National Assembly – sec 76).

         The Bill has also been classified as a Bill falling within the
         ambit of section 18(1)(a) of the Traditional Leadership and
         Governance Framework Act, 2003 (Act No 41 of 2003).

      d) Traditional Leadership and Governance Framework Amendment Bill
         [B 57 – 2008] (National Assembly – sec 76).

         The Bill has also been classified as a Bill falling within the
         ambit of section 18(1)(a) of the Traditional Leadership and
         Governance Framework Act, 2003 (Act No 41 of 2003).
  1. Calling of Joint Sitting - amended
The Speaker of the National Assembly, Ms B Mbete, and the Chairperson
of the National Council of Provinces, Mr M J Mahlangu, in terms of
Joint Rule 7(2), have called a joint sitting of the Houses of
Parliament for Friday, 27 June 2008 at 9:30 in order to celebrate the
90th birthday of Nelson Rholihlahla Mandela, former President of the
Republic.




B MBETE, MP                              M J MAHLANGU, MP
SPEAKER OF THE                           CHAIRPERSON OF THE
NATIONAL ASSEMBLY                  NATIONAL COUNCIL OF
                              PROVINCES

National Council of Provinces

The Chairperson

  1. Message from National Assembly to National Council of Provinces in respect of Bills passed by Assembly and transmitted to Council
(1)    Bills passed by National Assembly and transmitted for
     concurrence on 26 June 2008:


     (a)      Mineral and Petroleum Resources Development Amendment Bill
         [B 10D – 2007] (National Assembly – sec 75).


        The Bill has been referred to the Select Committee on Economic
         and Foreign Affairs of the National Council of Provinces.


     (b)      Tobacco Products Control Amendment Bill [B 7B – 2008]
         (National Assembly – sec 76).


        The Bill has been referred to the Select Committee on Social
         Services of the National Council of Provinces.


     (c)      South African National Space Agency Bill [B 20B – 2008]
         (National Assembly – sec 75).


         The Bill has been referred to the Select Committee on Education
         and Recreation of the National Council of Provinces.


     (d)      Liquor Products Amendment Bill [B 22B – 2008] (National
         Assembly – sec 75).


        The Bill has been referred to the Select Committee on Land and
         Environmental Affairs of the National Council of Provinces.


     (e)      Air Services Licensing Amendment Bill [B 25B – 2008]
         (National Assembly – sec 75).


         The Bill has been referred to the Select Committee on Public
         Services of the National Council of Provinces. 2.    Referral to Committees of papers tabled

Please note: The following referral amends item 3 under the entry
“Referral to Committees of papers tabled”, published on page 1375 of
the Announcements, Tablings and Committee Reports of 24 June 2008:


   1) The following papers are referred to the Select Committee on
      Finance for consideration and report:

      (a)     Protocol amending the Agreement between the Government of
         the Republic of South Africa and the Government of Australia
         for the avoidance of double taxation and the prevention of
         fiscal evasion with respect to taxes on income, tabled in terms
         of section 231(2) of the Constitution, 1996.

      (b)     Explanatory Memorandum to the Protocol amending the
         Agreement between the Government of the Republic of South
         Africa and the Government of Australia for the avoidance of
         double taxation and the prevention of fiscal evasion with
         respect to taxes on income.

      (c)     Agreement between the Government of the Republic of South
         Africa and the Government of the Republic of the Sudan for the
         avoidance of double taxation and the prevention of fiscal
         evasion with respect to taxes on income, tabled in terms of
         section 231(2) of the Constitution, 1996.

      (d)     Explanatory Memorandum to the Agreement between the
         Government of the Republic of South Africa and the Government
         of the Republic of the Sudan for the avoidance of double
         taxation and the prevention of fiscal evasion with respect to
         taxes on income.

   2) The following paper is referred to the Select Committee on
      Security and Constitutional Affairs:

      (a)     Arrangement between the Minister for Safety  and  Security
         of the Republic  of  South  Africa  and  the  Minister  of  the
         Interior  and  Kingdom  Relations  of  the   Kingdom   of   the
         Netherlands on Bilateral Police Cooperation, tabled in terms of
         section 231(3) of the Constitution, 1996.

TABLINGS

National Assembly and National Council of Provinces

  1. The Minister for Public Enterprises

    (a) Eskom’s 2008/09 tariff increase and amended pricing structure subsequent to NERSA’s revision of the 2008/09 Eskom price increase from 14,2% on 18 June 2008, tabled in terms of section 42(2) of the Local Government: Municipal Finance Management Act, 2003 (Act No 56 of 2003), and supporting documents required in terms of section 42(3) of the same Act.

COMMITTEE REPORTS

National Assembly and National Council of Provinces

CREDA INSERT REPORT- T080626e-insert1 – PAGES 1437-1443

National Council of Provinces

  1. Report of the Select Committee on Finance on the Financial Services Laws General Amendment Bill [B 21B—2008] (Section 75), dated 25 June 2008:

    The Select Committee on Finance, having considered the Financial Services Laws General Amendment Bill [B 21B—2008] (National Assembly—sec 75) referred to it and classified by the Joint Tagging Mechanism as a Section 75 Bill, reports that it has agreed to the Bill.

  2. Report of the Select Committee on Finance on the Special Pensions Amendment Bill [B 29B—2008] (National Assembly - Section 75), dated 25 June 2008;

 The  Select  Committee  on  Finance,  having  considered  the  Special
 Pensions  Amendment  Bill  [B  29B—2008]  (National  Assembly—sec  75)
 referred to it and classified by the  Joint  Tagging  Mechanism  as  a
 Section 75 Bill, reports that it has agreed to the Bill.