Report
on the negotiating mandate on Second 2010 FIFA World Cup South Africa Special
Measures Bill [B16-2006]
The
Second 2010 FIFA World Cup South Africa Special Measures Bill [B16-2006] has
been referred to the Portfolio Committee on Sport, Recreation, Arts and Culture
by the NCOP Business Committee for consideration.
The Committee was briefed by Hon. N
Qikani (Permanent Delegate to the NCOP), Mr G Boshoff (Legal Advisor to the
National Assembly) and Mr I Netshitumbu (Legal Advisor to the Eastern Cape
Provincial Legislature) on the content and objectives of the Bill.
The aim of the Bill is to facilitate
the hosting and staging of the 2010 FIFA World Cup South Africa in accordance
with the Organising Association Agreement between FIFA and SAFA and the
guarantee issued by the Government to FIFA.
The Committee conducted public hearings
within the province to ascertain public inputs.
After consideration of the Bill and
inputs from public hearings, the Committee resolved to confer the following
negotiating mandate:
1)
The use of acceptable traditional medicines and practices must be
recognised and regulated in the Regulations
2)
To support the Bill with the above-amendment.
3)
Hon.L Suka be designated as a Special Delegate to represent the province
at the inter-provincial negotiations meeting on Monday, 21 August 2006 in Cape
Town
Report on negotiating mandate on Second 2010 FIFA World Cup South Africa
Special Measures Bill
The Second 2010 FIFA World Cup South
Africa Special Bill has been referred to the Education, Sports, Arts, Culture,
Science and Technology Committee by the NCOP on 28 June 2006.
a)
On 6 July 2006, Mr T Setona, a permanent delegate to the NCOP briefed
the committee on the content of the Bill.
b)
Advocate T Malakoane, Legal Advisor briefed the Committee on the legal
substance and effects of the Bill.
The
Committee was informed that the intention of the Bill is to give effect to the
Organizing Association Agreement between FIFA and SAFA for the hosting and
staging of the 2010 FIFA World Cup South Africa; to provide for matters
connected therewith.
The Committee considered the scope
of consultation on the Bill, and resolved that:
Public Hearings should be
undertaken, stakeholders were provided with copies of the Bill for invitation
of their inputs.
The Committee considered the Bill,
inputs and information received.
The Committee resolved that:
a)
The following negotiating mandate be conferred.
To support the Bill.
GAUTENG LEGISLATURE
SPORT, RECREATION ARTS AND CULTURE COMMITTEE
NEGOTIATING MANDATES ON THE SECOND 2010 FIFA WORLD CUP SOUTH AFRICA SPECIAL
MEASURES BILL [B16B-2006] (Section 76 Bill)
18 August 2006
1. INTRODUCTION
The Chairperson of the Sport, Recreation, Arts and Culture Committee, Mr P
Malefane tables the Committee’s Negotiating Mandate on the Second 2010 FIFA
World Cup South Africa Special Measures Bill [B16B-2006] as follows-
2. PROCESS FOLLOWED
The Speaker informally referred the Second 2010 FIFA World Cup South Africa
Special Measures Bill [B16B-2006] a section 76 bill, to the Sports, Recreation,
Arts and Culture Committee on 22 June 2006 for information in terms of Standing
Rule 231(1) (a).
On Friday, 7 July 2006, the Committee received a briefing from the Gauteng
Permanent Delegate to the NCOP, Ms Maggie Madlala-Magubane on the Bill as
introduced B16-2006].
The Committee was advised by the Chairperson of Committees on 16 August 2006 ,
that the National Assembly Portfolio Committee on Sports had redrafted and
presented a B version of the Bill which was subsequently passed by the NA and
transmitted to the NCOP for concurrence and consequently referred by the NCOP
Chairperson to Speakers of Provincial Legislatures for formal consideration and
preparation of mandates.
On 18 August 2006, the Committee convened to receive presentations from the
provincial department of Sports, Recreation, Arts & Culture on the
implications of the Bill on the province in terms of Standing Rule 235(4)(a).
The Committee in their deliberations noted the redrafted parts of the bill as follows:
1.Section 3 in original bill that dealt with the suspension of restrictions
regarding marketing distribution and consumption of liquor in respect of 2010
FIFA World Cup South Africa has been entirely deleted in the B-version and
replaced with new insertions in the original section 4 being on-
a Sec 3 (1)(a) on page 3 line 38 of B-version
b Sec 4(2) in the original bill on page 4 line 19 has been deleted and (c ) in
the new sec 3 inserted on page 3 line 52
c new insertion on sec 3(3),page 4 line 1 of B-version
d new sec 3(4) inserted , page 4 line 14 of B-version
2. on sec 5 , page 4 line 48 of the B-version , reference to sec 22C in Act 101
of 1965 is made , whereas in the original bill on page 5 line 4 , its captured
as sec 22A.
3. the text on section 5 (c ) (iv) , page 4 line 50 of the B-version is
different from the text in the original bill , page 5 line 6
4.Under Regulations , on page 5 line 31 in the original bill , Minister of
Agriculture and Land Affairs has been changed to Minister of Health in the
B-version on page 5 line 16
5. on page 5 line 37 (c ) in the original bill has been moved to (b) in the B-
version , page 5 line 18
sec 7 (b) of the original bill has been deleted on page 5 line 34.
3.PRINCIPLE AND DETAIL OF THE BILL
The Bill seeks to facilitate the hosting and staging of the 2010 FIFA World Cup
South Africa in accordance with the Organizing Association Agreement between
FIFA and SAFA and the guarantee issued by the South African Government to FIFA.
The Committee supports the principle and detail of the bill.
4. OVERVIEW OF PUBLIC HEARINGS
The Committee acknowledges the joint consultative processes that were
undertaken at the National level and the joint public hearings conducted ,
however , considering the Constitutional imperative imposed on provincial
legislatures in section 118 of the Constitution , the failure to facilitate
public involvement in the provincial committee legislative process due to the
fast-tracking of the of the bill by Parliament , amounts to neglect of that
Constitutional obligation and has deprived stakeholders and citizens of Gauteng
an opportunity to be actively involved through participation and ensuring that
their views are expressed and taken account of by the legislature through the
committee process.
5. FINANCIAL IMPLICATIONS OF THE BILL
The Bill bears no financial implications for the Province
6.SOCIAL IMPACT ASSEMENT
The Bill will have no negative social impact to the community of Gauteng in
terms of its implementation.
7. NEGOTIATING POSITION ADOPTED BY THE COMMITTEE
The Committee supports the principle and detail of the Second 2010 FIFA World
Cup South Africa Special Measures Bill [B16B-2006] subject to the necessary
amendment relating to the correct citation of the subsection to section 22of
the Medicines and Related Substances Act 101 of 1965 as captured in 2(2) above.
Mr Pule Malefane: Chairperson: Sport, Recreation, Arts and Culture Committee