The Portfolio Committee on Justice and Constitutional Development, having considered the subject of the Constitution of the Republic of South Africa Third Amendment Bill [B 33 - 2002] (National Assembly - sec 74), referred to it and classified by the Joint Tagging Mechanism as a section 74 Bill, endorses the classification of the Bill and reports the Bill with amendments [B 33A - 2002].

The Committee wishes to report further, as follows:
1. Section 139(3) of the Constitution presently grants the national executive a discretion to table national legislation regulating the process of intervention by a provincial executive in local government in terms of section 139. The Committee, during its initial deliberations on the Bill, considered the possibility of amending section 139(3) so as to make the enactment of such national legislation compulsory. Having noted that the national legislation contemplated in section 139(3) has already been introduced in Parliament and that it is presently being considered by the Portfolio Committee on Finance, the Committee deemed it appropriate not to amend section 139(3) as originally considered.

2. Section 100(3) of the Constitution contains provisions similar to that of section 139(3) in that it grants the national executive a discretion to table national legislation regulating the process of intervention by the national executive in provincial administration. However, the Committee was informed that no legislation contemplated in section 100(3) has been drafted or is in the process of being drafted.

3. The Committee has, for purposes of consistency with section 139(3), decided not to amend section 100(3) so as to make the enactment of the national legislation contemplated in that section compulsory. However, the Committee would like to recommend that the Minister of Finance be requested to submit a report to the National Assembly, within three months of the adoption of this Report by the National Assembly –