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Friday, 30 August 2002

No 110 - 2002] FOURTH SESSION, SECOND PARLIAMENT

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA
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ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
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FRIDAY, 30 AUGUST 2002

ANNOUNCEMENTS:

National Assembly and National Council of Provinces:

1. The Speaker and the Chairperson:

(1) In the Memorandum on the Objects of the Administrative Adjudication of Road Traffic Offences Amendment Bill [B 42 - 2002] (National Assembly - sec 76), introduced in the National Assembly by the Minister of Transport on 29 August 2002, it is incorrectly stated that the bill should, in the opinion of the State Law Advisers and the Department of Transport, be dealt with in accordance with the procedure established by "section 75" of the Constitution. The wording should have been "section 76", as is correctly indicated on the front page of the bill.

(2) The Minister of Defence submitted the uMthethosivivinywa wezokuVikela [B 60 - 2001] (National Assembly - sec 75) to the Speaker and the Chairperson on 30 August 2002. This is the official translation into isiZulu of the Defence Bill [B 60 - 2001] (National Assembly - sec 75), which was introduced in the National Assembly by the Minister on 4 September 2001.


TABLINGS:

National Assembly and National Council of Provinces:

Papers:

1. The Speaker and the Chairperson

Annual Report and Financial Statements of Parliament of the Republic of South Africa for 2001-2002, including the Report of the Auditor-General on the Financial Statements for 2001-2002 [RP 163-2002].

2. The Minister of Transport:

Annual Report and Financial Statements of the South African Rail Commuter Corporation for 2001-2002, including the Report of the Auditor-General on the Financial Statements for 2001-2002 [RP 151-2002].

3. The Minister of Labour:

(a) Annual Report and Financial Statements of the Department of Labour for 2001-2002, including the Report of the Auditor-General on the Financial Statements for 2001-2002 [RP 116-2002].

(b) Annual Report and Financial Statements of the Chemical Industries Education and Training Authority for 2001-2002, including the Report of the Auditor-General on the Financial Statements for 2001-2002 [RP 93-2002].

(c) Annual Report and Financial Statements of the Food and Beverages Sector Education and Training Authority for 2001-2002, including the Report of the Auditor-General on the Financial Statements for 2001-2002 [RP 99-2002].

(d) Annual Report and Financial Statements of the Media, Advertising, Publishing, Printing and Packaging Sector Education and Training Authority for 2001-2002, including the Report of the Auditor-General on the Financial Statements for 2001-2002 [RP 105-2002].

(e) Annual Report and Financial Statements of the Secondary Agriculture Sector Education and Training Authority for 2001-2002, including the Report of the Auditor-General on the Financial Statements for 2001-2002 [RP 111-2002].

(f) Annual Report and Financial Statements of the Transport Sector Education and Training Authority for 2001-2002, including the Report of the Auditor-General on the Financial Statements for 2001-2002 [RP 114-2002].

(g) Annual Report and Financial Statements of the Wholesale and Retail Services Sector Education and Training Authority for 2001-2002, including the Report of the Auditor-General on the Financial Statements for 2001-2002 [RP 115-2002].

(h) Annual Report and Financial Statements of the Education, Training and Development Practices Sector Education and Training Authority for 2001-2002, including the Report of the Auditor-General on the Financial Statements for 2001-2002 [RP 134-2002].

(i) Annual Report and Financial Statements of the Construction Education and Training Authority for 2001-2002, including the Report of the Auditor-General on the Financial Statements for 2001-2002 [RP 136-2002].

(j) Annual Report and Financial Statements of the Information Systems, Electronics and Telecommunications Technologies Sector Education and Training Authority for 2001-2002, including the Report of the Auditor-General on the Financial Statements for 2001-2002.

(k) Annual Report and Financial Statements of the Tourism, Hospitality and Sport Sector Education and Training Authority for 2001-2002, including the Report of the Auditor-General on the Financial Statements for 2001-2002.

(l) Annual Report and Financial Statements of the Diplomacy, Intelligence, Defence and Trade Sector Education and Training Authority for 2001-2002, including the Report of the Auditor-General on the Financial Statements for 2001-2002.

(m) Annual Report and Financial Statements of the Manufacturing, Engineering and Related Services Education and Training Authority for 2001-2002, including the Report of the Auditor-General on the Financial Statements for 2001-2002.

4. The Minister of Minerals and Energy:

(a) Annual Report and Financial Statements of the Department of Minerals and Energy for 2001-2002, including the Report of the Auditor-General on the Financial Statements for 2001-2002 [RP 159-2002].

(b) Annual Report and Financial Statements of the Central Energy Fund for 2000-2001, including the Report of the Auditor-General on the Financial Statements for 2000-2001 [RP 30-2002].

(c) Annual Report and Financial Statements of the Council for Mineral Technology (MINTEK) for 2001-2002, including the Report of the Auditor-General on the Financial Statements for 2001-2002 [RP 92-2002].

(d) Annual Report and Financial Statements of the Central Energy Fund for 2001-2002, including the Report of the Auditor-General on the Financial Statements for 2001-2002 [RP 98-2002].

(e) Annual Report and Financial Statements of the Council for Geoscience for 2001-2002, including the Report of the Auditor-General on the Financial Statements for 2001-2002 [RP 128-2002].

(f) Annual Report and Financial Statements of the National Electricity Regulator for 2001-2002, including the Report of the Auditor-General on the Financial Statements for 2001-2002.

(g) Annual Report and Financial Statements of the Nuclear Energy Corporation Limited for 2001-2002.

(h) Annual Report and Financial Statements of the National Nuclear Regulator for 2001-2002, including the Report of the Auditor-General on the Financial Statements for 2001-2002.

National Assembly:

Papers:

1. The Speaker:

Annual Report and Financial Statements of the Electoral Commission for 2001-2002, including the Report of the Auditor-General on the Financial Statements for 2001-2002 [RP146-2002].


COMMITTEE REPORTS:

National Council of Provinces:

1. Report of the Select Committee on Security and Constitutional Affairs on the Institution of Legal Proceedings against Organs of State Bill [B 65B - 99] (National Assembly - sec 75), dated 21 August 2002:

The Select Committee on Security and Constitutional Affairs, having considered the subject of the Institution of Legal Proceedings against Organs of State Bill [B 65B - 99] (National Assembly - sec 75), referred to it, reports the Bill with proposed amendments, as follows:

NEW PREAMBLE

1. On page 2, after the Long Title, to insert:

PREAMBLE

RECOGNISING THAT certain provisions of existing laws provide for-
* different notice periods for the institution of legal proceedings against certain organs of state in respect of the recovery of a debt;
* different prescription periods in respect of such debts;

AND RECOGNISING THAT-
* the Prescription Act, 1969 (Act No. 68 of 1969), consolidated and amended the laws relating to prescription and that that Act is the cornerstone of the laws regulating the extinction of debts by prescription;
* some of the provisions of existing laws which provide for different prescription periods in respect of certain debts are inconsistent with the periods of prescription prescribed by the Prescription Act, 1969;

AND BEARING IN MIND THAT-
* South Africa has moved from a parliamentary sovereign state to a democratic constitutional sovereign state;
* the Bill of Rights is the cornerstone of democracy in South Africa and that the State must respect, protect, promote and fulfil the rights in the Bill of Rights;
* section 34 of the Constitution provides that everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or, where appropriate, another independent and impartial tribunal or forum;
* the right of access to courts may be limited to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom as contemplated in section 36 of the Constitution;

AND RECOGNISING the need to harmonise and create uniformity in respect of the provisions of existing laws which provide for-

* different notice periods for the institution of legal proceedings against certain organs of state for the recovery of a debt, by substituting them with a uniform notice period which will apply in respect of the institution of legal proceedings against certain organs of state for the recovery of a debt;
* different prescription periods, by making the provisions of Chapter III of the Prescription Act, 1969, applicable to all debts;

AND RECOGNISING the need to provide for transitional arrangements to ensure a smooth transition between the various existing statutory provisions regulating notice periods for the institution of legal proceedings against certain organs of state in respect of the recovery of a debt and the prescription periods of such debt, and the provisions of this Act;

AND BEARING IN MIND the limited need, for legal or practical purposes, to retain certain provisions of existing laws which provide for-
* notice periods that differ from the envisaged uniform notice period;
* prescription periods that differ from the periods of prescription prescribed by Chapter III of the Prescription Act, 1969,

ENACTING CLAUSE

1. On page 2, in line 1, after "IT" to insert "THEREFORE".

CLAUSE 1

1. On page 2, from line 11, to omit paragraph (iii) and to substitute:

(iii) "debt" means any debt arising from any cause of action-
(a) which arises from delictual, contractual or any other liability, including a cause of action which relates to or arises from any-
(i) act performed under or in terms of any law; or
(ii) omission to do anything which should have been done under or in terms of any law; and
(b) for which an organ of state is liable for payment of damages,
whether such debt became due before or after the fixed date;

2. On page 2, from line 29, to omit paragraph (d).

3. On page 3, after line 15, to insert:

(2) This Act does not apply to any debt-
(a) which has been extinguished by prescription before the fixed date; or
(b) which has not been extinguished by prescription before the fixed date and in respect of which any legal proceedings were instituted before the fixed date.
(3) Any legal proceedings referred to in subsection (2)(b) must be continued and concluded as if this Act had not been passed.

NEW HEADING

1. On page 3, after line 17, to insert "Part 1".

CLAUSE 2

Clause rejected.

NEW CLAUSE

1. That the following be a new Clause:

Prescription of debts, and amendment or repeal of laws and transitional arrangements relating to prescription of debts

2. (1) The laws referred to in the Schedule are, as from the fixed date, amended or repealed to the extent set out in the third column of the Schedule.
(2) Subject to section 3 and subsections (3) and (4), a debt which became due-
(a) before the fixed date, which has not been extinguished by prescription and in respect of which legal proceedings were not instituted before that date; or
(b) after the fixed date,
will be extinguished by prescription as contemplated in Chapter III of the Prescription Act, 1969 (Act No. 68 of 1969), read with the provisions of that Act relating thereto.
(3) Subject to subsection (4), any period of prescription which was applicable to any debt referred to in subsection (2)(a), before the fixed date, will no longer be applicable to such debt after the fixed date.
(4) (a) The expired portion of any period of prescription applicable to a debt referred to in subsection (2)(a), must be deducted from the said period of prescription contemplated in Chapter III of the Prescription Act, 1969, read with the provisions of that Act relating thereto, and the balance of the period of prescription so arrived at will constitute the new unexpired portion of prescription for such debt, applicable as from the fixed date.
(b) If the unexpired portion of the period of prescription of a debt referred to in paragraph (a) will be completed within 12 months after the fixed date, that period of prescription must only be regarded as having been completed 12 months after the fixed date.

NEW HEADING

1. On page 3, after line 38, to insert "Part 2".

CLAUSE 3

1. On page 3, from line 44, to omit paragraph (b) and to substitute:

(b) the organ of state in question has consented in writing to the institution of that legal proceedings-
(i) without such notice; or
(ii) upon receipt of a notice which does not comply with all the requirements set out in subsection (2).

2. On page 3, from line 59, to omit paragraph (b) and to substitute:

(b) a debt referred to in section 2(2)(a), must be regarded as having become due on the fixed date.

CLAUSE 4

1. On page 4, from line 31, to omit paragraph (d).

2. On page 4, in line 41, to omit the second "(g)" and to substitute "(f)".

CLAUSE 5

1. On page 5, in line 2, to omit "in terms of" and to substitute "by".

2. On page 5, in line 4, to omit "in respect of" and to substitute "for".

3. On page 5, in line 5, to omit "in terms of" and to substitute "by".

4. On page 5, from line 7, to omit "Deputy President, in respect of anything done pursuant to the Intelligence Services Act, 1994 (Act No. 38 of 1994), or the".

5. On page 5, in line 12, to omit "of" and to substitute "for".

6. On page 5, in line 22, to omit "appointed under section 3(3)" and to substitute "as defined in section 1".

7. On page 5, in line 24, after "Commissioner" to insert "of Correctional Services".

CLAUSE 6

1. On page 5, in line 34, after "against" to insert "certain".

2. On page 5, in line 34, to omit "2000" and to substitute "2002".

SCHEDULE

1. On page 6, to omit the item relating to "Act No. 91 of 1964".

2. On page 6, in the third column of the item relating to "Act No. 68 of 1995", to omit "The repeal of section 57." and to substitute:

1. The repeal of section 57.
2. The amendment of section 64I-
(a) by the substitution for subsection (1) of the following subsection:
"(1) Any legal proceedings against a municipal police service or member of a municipal police service [in respect of any alleged act performed under or in terms of this Act or any other law, or an alleged failure to do anything which should have been done in terms of this Act or any other law] for the recovery of a debt as defined in the Institution of Legal Proceedings against certain Organs of State Act, 2002, shall be instituted against the municipal council in question."; and
(b) by the deletion of subsection (2).

3. On page 7, after the item relating to "Act No. 111 of 1998", to insert the following item:

Act No. 32 Local Government: The amendment of
of 2000 Municipal Systems section 109 by
Act, 2000 the deletion of
subsection (1).

LONG TITLE

1. On page 2, in the first line, after "prescription" to insert:

and to harmonise the prescription periods

2. On page 2, in the first line, to omit the first "certain".

3. On page 2, in the third line, to omit "certain debts" and to substitute "the recovery of debt".