INTERGOVERNMENTAL RELATIONS FRAMEWORK BILL

STATE LAW ADVISERS' COMMENTS ON PROPOSED AMENDMENTS

12 April 2005.

 

1. The Table of Contents does not have to be formally amended by the Committee. This is normally done administratively when necessary.

2. It is unnecessary and unwise to remove subclauses (3) and (4) from Clause 1. In our view those subclauses deal with interpretation, the subject matter of clause 1. In addition the movement of those subclauses to form a new clause will change the numbering of the subsequent clauses unnecessarily, thus increasing the chances of errors in cross referencing, especially since the renumbering will have to commence at clause 2 - almost the beginning of the Bill.

3. The following wording is suggested for the proposed subclause (3) to be added to clause 2:

"(3) An organ of state may only participate in an intergovernmental structure contemplated in Chapter 2 if-

(a) it is specifically referred to in that Chapter; or (b) it is invited to participate.".

4. We have no comment regarding the rest of the proposed amendments.

 

 

 

 

STATE LAW ADVISERS