This correspondence is addressed to you in your capacity a~ Chairperson of the Committee of the National Council of Provinces, by Mrs Natalie Tumbull, the Director of Legal Services to the KwaZulu-Natal Parliament, under the authority of our Rules Standing Committee chaired by our Speaker, Inkosi B N MdIetshe

Kindly be advised that the Rules Standing Committee of the KwaZulu-Natal Parliament has just concluded a meeting on consideration of the POWERS, PRIVILEGES & IMMUNITIES OF PARLIAMENT & PROVINCIAL LEGISLATURES BILL [BILL 74-2003], during which the Committee Resolved as set out hereunder –

[1] whilst acknowledging that this legislation has been categorized as a Section 75 Bill requiring voting on a party political basis, Members achieved consensus on the issues reported hereunder & mandated the writer to advise your Committee of said points for consideration at the meeting of your Committee scheduled to take place tomorrow, Wednesday, the 18^th of FEBRUARY 2004:

[2] THE ISSUE OF THE TAGGING OF THE POWERS. PRIVILEGES , IMMUNITIES LEGISLATION

The tagging of the Powers, Privileges & Immunities of Parliament & Provincial Legislatures Bill [Bill B 74-2003] has been problematic throughout the provincial legislatures, & formed an issue for discussion at the Legal Advisors’ Forum. Although there is natural unease due to the heading of section 75 of the Constitution ("Ordinary Bills not affecting provinces" }, consensus amongst the members of the Legal Advisors' Forum (reached after deliberation, consideration of a Legal Opinion obtained by the Gauteng Provincial Legislature, & a submission on the tagging procedure from National Parliament} is that the Bill has been correctly classified. The Rules Standing Committee reached agreement that problems of this ilk arise not due to inaccurate interpretation of the Constitutional provisions by the tagging team, but rather due to the strict I narrow specifications of section 76 & the inappropriate heading of section 75 (a suggestion would be for the Constitutional Review Committee to consider this aspect further in the future}:

(3} Clause 1 Definitions

The definition of "the Constitution" is not correctly chronologically placed alphabetically; traditionally, such definition is merely cited as "Constitution" & appears under the C's in the alphabetical list of definitions [refer to section 1 of both the Promotion of Access to Information Act 2000 (Act No. 2 of 2000) & the Promotion of Administrative Justice Act, 2000 (Act No 3 of 2000). Constitution should appear as a definition between committee & disturbance"; &

[4} Clause 7(d) Prohibited acts in respect of Parliament and members & Clause 12(5) - Disciplinary action against members for' contempt.

The Rules Standing Committee feels unease about the possibility of a conflict between depriving a Member of a benefit on account of his or her conduct constituting a prohibited act under clause 7(d), & the statutory empowerment of the House to withhold the use & enjoyment of facilities, or suspend a Member, under clause 12(5). We would greatly appreciate your Committee considering this aspect with a view to obtaining the assurance of the drafters that such conflict will not be problematic.

The Office of the Speaker & the Rules Standing Committee of the KwaZulu-Natal Parliament takes this opportunity of thanking you for your co-operation in tabling this correspondence before your Committee & provides the undertaking that the respective parties will follow the normal procedures in providing their stances.

Yours faithfully