Report of the Standing Committee on Private Member’s Legislative Proposals and Special Petitions on the legislative proposals to amend the Constitution in respect of Floor Crossing, 21 November 2007

The Standing Committee on Private Member’s Legislative Proposals and Special Petitions, has considered the legislative proposal of Mr J H van der Merwe, that the Constitution be amended to abolish floor crossing. During the process of considering the proposal, the committee consulted the Department of Justice and Constitutional Development; the Independent Electoral Commission; the Portfolio Committee on Home Affairs and various political parties represented in Parliament.

The Committee established that the Department of Justice and Constitutional Development was also in the process of considering the issue of floor-crossing legislation. In this regard the committee became aware that a number of pieces of legislation would need amendment to achieve the objective of abolishing floor-crossing.

Besides amending the Constitution, a “membership bill” to effect amendments which would mainly be of a consequential nature and which would emanate from the Constitutional Amendment Bill, would need to be considered. These relate to the following Acts:-

· Electoral Commission Act, 1996;

· Public Funding of Represented Political Parties Act, 1997;

· Determination of Delegates (National Council of Provinces) Act, 1998;

· Electoral Act, 1998; and

· Local Government: Municipal Structures Act, 1998

The committee was concerned that Mr Van der Merwe’s legislative proposal only seek to effect amendments to the Constitution whereas other pieces of legislation are also affected.

The committee is of the view that a full debate, in the House, may be needed on the issue.

In view of the above the committee recommends that permission not be granted for Mr Van der Merwe to proceed with the legislative proposal.

Report to be considered.