Further Report on Crossing-the-Floor Legislation, dated 10 June 2002:

The Portfolio Committee on Justice and Constitutional Development wishes to report further on the Crossing-the-Floor Legislation, as follows:

1. The four Bills dealing with changes of party membership and merger/subdivision of parties, namely the -

* Loss or Retention of Membership of National and Provincial Legislatures Bill [B 25 - 2002];

* Constitution of the Republic of South Africa Amendment Bill [B 16B - 2002];

* Constitution of the Republic of South Africa Second Amendment Bill [B 17B - 2002]; and

* Local Government: Municipal Structures Amendment Bill [B 22 B - 2002],

will commence on the date of publication in the Gazette.

In terms of transitional provisions contained in the legislation (the new item 23A(4) in [B 25 - 2002], and the new Schedule 6A item 7 in [B 16B - 2002]), the first opportunity for those changes will occur immediately after such commencement and will last for a period of 15 days.

2. It is imperative that the administrative structures and mechanisms, in particular the designation of officers by the Independent Electoral Commission, to deal with those procedures must be in place at the time of such commencement.

* The Committee recommends that the Independent Electoral Commission be urged to ensure that steps are taken timeously in order to ensure that the provisions of item 7 of the new Schedule 6A, as provided for in the Constitution of the Republic of South Africa Amendment Bill [B 16B - 2002], could be implemented smoothly in the local government sphere.

* The Committee also recommends that the Secretaries of Parliament and of the various provincial legislatures be urged to ensure that steps are taken timeously in order to ensure that the provisions of the new item 23A(4), as provided for in the Loss or Retention of Membership of National and Provincial Legislatures Bill [B 25 - 2002], could likewise be implemented smoothly in the national and provincial government spheres.

The Committee is of the view that the relevant functionaries may wish to ensure that uniform practices and procedures are developed for this purpose. The Committee offers the drafts contained in the Annexure to this Report as a contribution to promote such uniformity. It is further suggested that the Independent Electoral Commission should, as soon as possible, publicise a list of all officers designated by the Commission to facilitate the necessary procedures in the local government sphere and submit the list to political parties.

3. The Committee further recommends that the Department of Justice and Constitutional Development be requested, in conjunction with the relevant role-players:

* To research the laws pertaining to the registration of political parties in order to ascertain whether or not any such laws should be amended in order to expedite the registration of new parties emerging as a result of the new provisions, in particular the subdivision of parties. It should be noted that the Independent Electoral Commission expressed the view that, at present, the Independent Electoral Commission Act, 1996, does not make provision for the subdivision of parties.

* To review the laws pertaining to the funding of political parties, in particular parties represented in a legislature, and to take such steps as may be necessary to ensure that those provisions are aligned with the changes effected in terms of the above legislation.

* To consider all legislation which may need to be amended in order to be brought into line with the new laws referred to in paragraph 1, and to make recommendations regarding such changes as may need to be effected.

* To revert to the Committee within two months of the commencement of the said legislation regarding all steps it has taken or will be taking as a result of the above matters.

4. In addition to the Report of the Portfolio Committee on Provincial and Local Government on the Local Government: Municipal Structures Amendment Bill [B 22B - 2002] (Announcements, Tablings and Committee Reports, 10 June 2002), it should be noted that an important principle is established by the amendments to the Local Government: Municipal Structures Act, 1998, in so far as the reconstitution of metropolitan subcouncils is concerned after changes of party membership or mergers or subdivision of parties have taken place. In terms of the relevant amendment, metro councils may determine their own mechanism for the appointment of councillors in the proportional representative component of metropolitan subcouncils. Although such a mechanism must comply with the principles of fair representation and democracy as set out in Part 2 of Schedule 4 to the Municipal Structures Act (as amended), it is desirable for some degree of uniformity to be maintained by the respective metro councils. To this end, the Minister for Provincial and Local Government is requested to issue guidelines to metro councils on a possible model for such a mechanism.

5. The Committee further recommends that a copy of this resolution, together with the abovementioned Bills, be forwarded as a matter of the utmost urgency to the -

* Speaker of the National Assembly and the Chairperson of the National Council of Provinces;

* Speakers of the provincial legislatures;

* Independent Electoral Commission;

* Department of Home Affairs;

* Department of Provincial and Local Government; and

* South African Local Government Association.

Report to be considered.

ANNEXURE

NOTICE TO ELECTORAL COMMISSION
(Item 4(2)(a) of Schedule 6A to Constitution)

In terms of item 4(2)(a) of Schedule 6A to the Constitution, I, ......................................................................... (full names), hereby inform the Electoral Commission that, being a councillor who was elected_

from the party list of the ........................................ (name of original party) represented in the Municipal Council of ........................................, I have become a member of the ........................................ (name of new party).

to represent ........................................ (name of ward) in the Municipal Council of ........................................, who was nominated by the ........................................ (name of party) as a candidate in the ward election, I have ceased to be a member of the ........................................ (name of original party) and have become a member of the ........................................ (name of new party).

to represent ........................................ (name of ward) in the Municipal Council of ........................................, who was nominated by the ........................................ (name of party) as a candidate in the ward election, I have ceased to be a member of the ........................................ (name of original party) and have not become a member of another party.

to represent ........................................ (name of ward) in the Municipal Council of ........................................, who was not nominated by a party as a candidate in the ward election, I have become a member of the ........................................ (name of party).

........................................ ........................................

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

In terms of item 4(2)(a) of Schedule 6A to the Constitution, I, ......................................................................... (full names), acting on behalf of and in my capacity as ........................................ of the ........................................ (name of party), hereby confirm that ........................................ (full names of new member) has been accepted as a member of the ........................................ (name of party).

........................................ ........................................

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I, ........................................ (full names of officer designated by the Electoral Commission), hereby certify that this notice has been duly submitted to me by ........................................ (full names of councillor) and confirmed by *........................................ (name of party) on ........................................

(date) at ....................................... (place).

........................................ ........................................

*Complete, if applicable

NOTICE TO ELECTORAL COMMISSION
(Item 4(2)(b) of Schedule 6A to Constitution)

In terms of item 4(2)(b) of Schedule 6A to the Constitution, I, ......................................................................... (full names), acting on behalf of and in my capacity as ........................................ of the ........................................ (name of party), hereby inform the Electoral Commission that_

the ........................................ (name of original party) as represented in the Municipal Council of ........................................ has merged with the ........................................ (name of party). A list of the names and signatures of all the councillors involved in the merger is attached.

the ........................................ (name of subdivision) has subdivided from the ........................................ (name of original party), being a party represented in the Municipal Council of ......................................... A list of the names and signatures of all the councillors involved in the subdivision is attached.

the councillors mentioned in the attached list have subdivided from the ........................................ (name of original party), being a party represented in the Municipal Council of ........................................ and merged with the ........................................ (name of party). A list of the names and signatures of all the councillors involved in the subdivision and merger is attached.

........................................ ........................................

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

CONFIRMATION
(Complete in event of merger or subdivision and merger)

In terms of item 4(2)(b) of Schedule 6A to the Constitution, I, ......................................................................... (full names), acting on behalf of and in my capacity as ........................................ of the ........................................ (name of party), hereby confirm the names of all the councillors involved in the_

merger; or

subdivision and merger; and

that the ........................................ (name of party) has accepted the merger.

........................................ ........................................

I, ........................................ (full names of officer designated by the Electoral Commission), hereby certify that this notice has been duly submitted to me by ........................................ (full names of representative) and confirmed by *........................................ (name of party) on ........................................ (date) at ....................................... (place).

........................................ ........................................

*Complete, if applicable

NOTICE TO SPEAKER OF LEGISLATURE
CHANGE OF MEMBERSHIP OF A PARTY
(Item 23A(5)(c)(i) of Schedule 2 to Act 200 of 1993)

In terms of item 23A(5)(c)(i) of Schedule 2 to the Constitution of the Republic of South Africa, 1993, I, ......................................................................... (full names) hereby inform the Speaker of the ........................................ (name of legislature) that I have_

n ceased to be a member of the ........................................ (name of original party); and

n have become a member of the ........................................ (name of new party).

.................................................. ........................................

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

In terms of item 23A(5)(c)(i) of Schedule 2 to the Constitution of the Republic of South Africa, 1993, I, ......................................................................... (full names), acting on behalf of and in my capacity as ........................................ of the ........................................ (name of party), hereby confirm that ........................................ (full names of new member) has been accepted as a member of the ........................................ (name of party).

........................................ ........................................

----------------------------------------------------------------------------------------------------------------------

I, ........................................ Speaker of the .................................. (name of legislature), hereby certify that this notice has been duly submitted to me by ........................................ (full names of member) and confirmed by ........................................ (name of party) on ........................................ (date) at ....................................... (place).

........................................ ........................................

NOTICE TO SPEAKER OF LEGISLATURE
(Item 23A(5)(c)(ii) of Schedule 2 to Act 200 of 1993)

In terms of item 23A(5)(c)(ii) of Schedule 2 to the Constitution of the Republic of South Africa, 1993, I, ......................................................................... (full names), acting on behalf of and in my capacity as ........................................ of the ........................................ (name of party), hereby inform the Speaker of the ........................................ (name of legislature) that_

the ........................................ (name of original party), as represented in the ........................................ (name of legislature) has merged with the ........................................ (name of party). A list of the names and signatures of all the members involved in the merger is attached.

the ........................................ (name of subdivision) has subdivided from the ........................................ (name of original party), being a party represented in the ......................................... (name of legislature). A list of the names and signatures of all the members involved in the subdivision is attached.

the members mentioned in the attached list have subdivided from the ........................................ (name of original party), being a party represented in the ........................................ (name of legislature) and merged with the ........................................ (name of party). A list of the names and signatures of all the members involved in the subdivision and merger is attached.

........................................ ........................................

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CONFIRMATION
(Complete in event of merger or subdivision and merger)

In terms of item 23A(5)(c)(ii) of Schedule 2 to the Constitution of the Republic of South Africa, 1993, I, ......................................................................... (full names), acting on behalf of and in my capacity as ........................................ of the ........................................ (name of party), hereby confirm the names of all the members involved in the_

merger; or

subdivision and merger; and

that the ........................................ (name of party) has accepted the merger.

........................................ ........................................

CERTIFICATION
[ : 1 of ]

I, ........................................ Speaker of the ........................................ (name of legislature), hereby certify that this notice has been duly submitted to me by ........................................ (full names of representative) and confirmed by *........................................ (name of party) on ........................................ (date) at ....................................... (place).

........................................ ........................................

*Complete, if applicable