11 March 2005

PORTFOLIO COMMITTEE ON FINANCE

Report on voting mandate on Division of Revenue Bill [B8B -2005]

1. Report from inter-provincial meeting

(1) On the 10 March 2005, Advocate J. Machaka, Assistant Legal Advisor of the Free State Legislature briefed the Committee on the report from inter-provincial meeting.

The Committee was informed about amendments effected on the Division of Revenue Bill.

The Committee considered amendments on the Bill and information received.

The Committee would like to raise the following concerns regarding the Bill;

The Province noted with concern that the National Council of Provinces has not effected the certain technical corrections identified by the Province despite the acknowledgement of technical errors in the Bill, which technical corrections were meant improve the quality of legislation affecting provinces.

The Province noted with concern that the response on the concern raised with regard to clauses 3(3), 7(3) and 8(4) read with section 29 of the Public Finance Management Act has not been sufficient.

The Province also advises that during fast-tracking of bills, provincial negotiating mandates should not be rejected, with a view to circumvent section 76(1) (c) and (d) of the Constitution, 1996.

The Committee supports the Bill with amendments.

The Committee recommends that:

Authority be conferred to the Free State Delegation, to vote for the adoption of the Bill with amendments.