Legislation: NCOP reconvenes today to consider three Bills

The NCOP is scheduled to hold an extraordinary plenary session today to consider three Bills: the Traditional and Khoi-San Leadership Bill, the Electoral Laws Amendment Bill and the Public Service Commission Amendment Bill passed by the National Assembly on 7 November 2017, 28 November 2018 and 14 November 2018 respectively, reports Pam Saxby for Legalbrief Policy Watch. 

Tabled in 2015, according to a memorandum on its objects the Traditional and Khoi-San Leadership Bill seeks to provide for the recognition of the Khoi-San; repeal and replace the 2003 Traditional Leadership and Governance Framework Act and the 2009 National House of Traditional Leaders Act; and ensure an integrated approach in dealing with all matters relating to traditional affairs. As Legalbrief Today reported last month, given that the NCOP Committee on Co-operative Governance & Traditional Affairs has proposed three substantive amendments to the Bill’s ‘B’ version, once the plenary has approved the changes envisaged the amended Bill will need to be sent to the National Assembly for endorsement.

The main purpose of the Electoral Laws Amendment Bill is to prevent any possibility of election results being challenged in court by any party or interested person based on ‘the absence of addresses on the common voters’ roll’. According to a memorandum on the Bill’s objects, ‘this legislative intervention is necessary to maintain political stability by protecting the legitimacy of the elected legislative bodies from which national and provincial governments derive authority to constitute themselves’. The NCOP will today consider a ‘B’ version of the Bill adopted at a special meeting of its Social Services Committee last month. At the time of writing, it was not clear whether any changes were proposed.

The 2015 Public Service Commission Amendment Bill simply seeks to improve the ‘efficiency and certainty’ of two processes: renewing the term of office of a commissioner, which is the President’s responsibility; and designating an acting chair. This is noting the importance of retaining experienced commissioners to ensure ‘continuity’. Parliamentary Monitoring Group records tend to suggest that procedural issues were behind a long delay in the Bill’s passage through Parliament. The NCOP will today consider a ‘D’ version of the Bill.

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