The Joint Rules Committee, having considered the report of the Joint Subcommittee on the Review of Rules on 3 June 2005, recommends the following amendments to the Joint Rules:

In Joint Rule 1(1):

Interpretation

To insert the following definition in the appropriate alphabetical position:

"Act" means the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act, 2004;

In Joint Rule 32:

General Powers (of joint committees)

To insert the following new Joint Rule 32(3) and (4):

(3) Subject to the approval of the Speaker and Chairperson, the Secretary may pay to witnesses summonsed in terms of section 14(1) of the Act or rule 32(1)(a) of the Joint Rules a reasonable sum for travelling and attendance time and for transport expenses actually incurred.

(4) Prior to a witness giving evidence before a House or committee, the member presiding shall inform the witness as follows:

"Please be informed that by law you are required to answer fully and satisfactorily all the questions lawfully put to you, or to produce any document that you are required to produce, in connection with the subject matter of the enquiry, notwithstanding the fact that the answer or the document could incriminate you or expose you to criminal or civil proceedings, or damages. You are, however, protected in that evidence given under oath or affirmation before a House or committee may not be used against you in any court or place outside Parliament, except in criminal proceedings concerning a charge of perjury or a charge relating to the evidence or documents required in these proceedings."

In Joint Rule 160:

Referral of Bills to JTM

To insert the following new Joint Rule 160(5A) after Joint Rule 160(5):

(5A) The JTM must also make a finding whether a Bill pertains to customary law or customs of traditional communities in accordance with section 18(1) of the Traditional Leadership and Governance Framework Act, 2003.

In Joint Rule 163:

Reclassification of Bills

To insert the following new Joint Rule 163(3):

(3) The JTM may change the classification of a Bill in respect of whether the Bill pertains to customary law or customs of traditional communities in accordance with section 18(1) of the Traditional Leadership and Governance Framework Act, 2003, and amend its finding in terms of rule 160(5A).

In Joint Rule 167:

Process in committee

To insert the following new Joint Rule 167(3)(i):

(3) The committee--]

(i) may report to the House in which the Bill was introduced if the Bill was classified as being subject to section 18(1) of the Traditional Leadership and Governance Framework Act, 2003, only after 30 days have passed since the referral to the National House of Traditional Leaders in terms of Assembly Rule 332 and Council Rule 255.

6. In Joint Rule 216:

Fast-tracking

To insert the following new Joint Rule 216(7):

(7) This rule does not apply to a Bill classified as being subject to section 18(1) of the Traditional Leadership and Governance Framework Act, 2003, which is still before the House where it was introduced for a period of 30 days since the referral to the National House of Traditional Leaders in terms of Assembly Rule 332 and Council Rule 255.

The Committee recommends accordingly.

Report to be considered.

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B MBETE, MP M J MAHLANGU, MP

SPEAKER: CHAIRPERSON:

NATIONAL ASSEMBLY NATIONAL COUNCIL OF PROVINCES