GAUTENG LEGISLATURE
LOCAL GOVERNMENT PORTFOLIO COMMITTEE

FINAL MANDATE ON REPEAL OF THE BLACK ADMINISTRATION ACT AND AMENDMENT OF CERTAIN LAWS BILL [B25B-2005]

1. INTRODUCTION

The Chairperson of the Local Government Portfolio Committee, Ms R S Letwaba, tables the Committee's Final Mandate as adopted by the Portfolio Committee on Friday, 4 November 2005, on the Repeal of Black Administration Act and Amendment of Certain Laws Bill [B25~2005, taking into account the comments and recommendations made on the Negotiating Mandate which was unanimously adopted by the Committee on Tuesday 25 October 2005.

2. PROCESS FOLLOWED

On the 14 October 2005, The Speaker formally referred the Repeal of Black Administration Act and Amendment of Certain Laws Bill [B25B-2005] – Section 76, to the Local Government Portfolio Committee, in terms of Rule 232(1 )(a) read with 235(4) and (6).

The Committee in its meeting of the 20^th October 2005, received a provincial briefing from the Permanent Delegate to the National Council of Provinces (NCOP), Honourable S. Shiceka.

On the 25^th October 2005 the Portfolio Committee convened in terms of Rule 235 (4)(a), to give the Department of Local Government an opportunity to present the views of the Executive Council on the referred Bill. Noting the views expressed by the Department of Local Government, which in principle are in support of the Bill and further confirmed that the Bill will impose no financial and adverse social implications for the Province, the Portfolio Committee deliberated and considered the principle and detail of the Repeal of Black Administration Act and Amendment of Certain Laws Bill [B25B-2005] Section 76. The Portfolio Committee, on 04 November 2005, met to adopt the Final Voting Mandate.

3. DETAIL OF THE BILL

The Portfolio Committee considered the detail of the Repeal of Black Administration Act and Amendment of Certain Laws Bill [B25B-2005]- Section 76, as follows:

i. the bill seeks to repeal the provisions of the Black Administration Act, 1927, incrementally;

ii. to amend the Administrations of Estates Act 1965, 50 as to give the Masters of the High Courts jurisdiction over the property of all minors, including those who are governed by the principals of customary law;

iii. to amend the Traditional Leadership and Governance Framework Act, 2003, 50 as to regulate the liability of a traditional community in respect of the obligations of, or those incurred by, its traditional leadership; and

iv. to provide for matters connected therewith.

4. CONCLUSION

The Portfolio Committee on Local Government, unanimously supports the principle and detail of the Repeal of Black Administration Act and Amendment of Certain Laws Bill [B25B-2005] as negotiated with no substantive amendments proposed during the consideration of Negotiating Mandates by the NCOP Select Committee on Security and Constitutional Affairs, on Wednesday, 26 October 2005.

5. FINAL VOTING POSITION ADOPTED BY THE COMMITTEE

In terms of Section 65 of the Constitution, the Local Government Portfolio Committee recommends that the House confer authority on the Gauteng Provincial Delegate to the NCOP to vote in favour of the Repeal of Black Administration Act and Amendment of Certain Laws Bill [B25B-2005] - Section 76.