Referral of IPLAB by the President
This presentation is the property of its rightful owner.
Sponsored Links
1 / 9

Referral of IPLAB by the President PowerPoint PPT Presentation


  • 50 Views
  • Uploaded on
  • Presentation posted in: General

Referral of IPLAB by the President. 2013.01.30. Recommendation on referral. Overview. Referral Opinion obtained by Parliament Section 18(1) Traditional Leadership and Governance Framework Act, 2003 (TLGFA) Classification of IPLAB Public Involvement Recommendation. Referral.

Download Presentation

Referral of IPLAB by the President

An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -

Presentation Transcript


Referral of iplab by the president

Referral of IPLAB by the President

2013.01.30


Referral of iplab by the president

Recommendation on referral


Overview

Overview

Referral

Opinion obtained by Parliament

Section 18(1) Traditional Leadership and Governance Framework Act, 2003 (TLGFA)

Classification of IPLAB

Public Involvement

Recommendation


Referral

Referral

Objections received:

The Bill is a section 77 bill (Money bill)

The Bill should have been referred to the National House of Traditional Leaders in terms of section 18(1) of the Traditional Leadership and Governance Framework Act, 2003 (Act 41 of 2003)

Inadequate facilitation of public involvement.

Gilbert Marcus opinion (obtained by the President):

The Bill is not a section 77 bill

The Bill should have been referred to the National House of Traditional Leaders

The Bill is a section 76 bill as it deals with Traditional Leadership and Cultural Matters


Opinion obtained by parliament 1

Opinion obtained by Parliament (1)

Section 18(1) Traditional Leadership and Governance Framework Act, 2003 (TLGFA)

“Traditional work”, “traditional terms and expressions” and “traditional design” = “customs”.

“Indigenous community” (defined in IPLAB) is wide enough to include “traditional communities” (defined in the TLGFA).

The object of section 18(1) was achieved. There was substantial compliance with section 18(1).

CLSO: A question of interpretation whether “Traditional work”, “traditional terms and expressions” and “traditional design” are “customs”.


Opinion obtained by parliament 2

Opinion obtained by Parliament (2)

Classification of IPLAB

“Cultural matters” in Schedule 4 includes literature, music, painting, sculpture and theatre.

IPLAB affects these aspects and thus Cultural Matters.

CLSO: A question of interpretation of the test of “substantially affects”


Opinion obtained by parliament 3

Opinion obtained by Parliament (3)

Public Involvement

New provisions in a redraft / amended bill : No additional public participation required (not reasonable).

Insufficient public participation in the NCOP.

NCOP rules (Part 4, Rules 207-214) dealing with section 75 does not require public participation.

The Constitutionally requires facilitation of public participation.

Part 4 of the NCOP rules needs to be reconsidered to address this Constitutional requirement.

CLSO: Agrees. S76 procedure will remedy this automatically


Recommendation

Recommendation

JTM to confirm classification as section 76 bill

JTM: “S75”:

Confer with Select Committee on facilitation of public participation (Joint Rule 203(2)(b)(i))

Report to the National Assembly

Disagree with classification as section 76;

Substantially complied with TLGFA (referral to NHTL)

NCOP to facilitate public participation

JTM: “S76”

Confer with Select Committee on facilitation of public participation (Joint Rule 203(2)(b)(i))

Report to National Assembly:

JTM to reclassify

Substantially complied with TLGFA

Decision to pass bill as a section 75 rescinded, subject to work done by the Portfolio Committee being retained.


Thank you

Thank you


  • Login