Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698925176204.pdf (South Africa)
Tuesday, 8 December 2020] 328 No 35 – 2020] SECOND SESSION, SIXTH PARLIAMENT PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA ____________________ NATIONAL COUNCIL OF PROVINCES ================ ORDER PAPER ================ TUESDAY, 8 DECEMBER 2020 Virtual Meeting of Council: 14:00 MOTIONS: 1.
Draft resolution (Chief Whip of the Council): That the Council- (1) notes the notice of intervention in North West Provincial Government invoked in terms of section 100 (1)(b) of the Constitution, 1996; and (2) establishes an Ad Hoc Committee to - (a) follow-up on progress in North West Provincial Gov- ernment in terms of the Council Rules and the Con- stitution; (b) make recommendations where applicable; (c) exercise those powers as set out in the Council Rules that may assist it in carrying out its task; consist of members of ANC 5, DA 2, EFF 1, FF+1; alternates as follows, ANC 2, DA 1, EFF 1, FF+1, IFP 1; and report on 26 March 2021.
(d) (e) (f) ORDERS OF THE DAY: 1.

Consideration of Report of Select Committee on Land Reform, Environment, Mineral Resources and Energy (Announcements, Tablings and Committee Reports, 1 December 2020, p 67) Ratification of the Agreement between the Government of the ORDER PAPER: NATIONAL COUNCIL OF PROVINCES NO 35 – 2020 Tuesday, 8 December 2020] 329 2.

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Republic of South Africa and the European Atomic Energy Community (EURATOM) for co-operation in the peaceful uses of nuclear energy as well as the Explanatory Memorandum attached thereto, dated 1 December 2020.

Consideration of Taxation Laws Amendment Bill [B 27B - 2020] (National Assembly – sec 77) and Report of Select Committee on Finance thereon (Announcements, Tablings and Committee Reports, 2 December 2020, p 307).
Consideration of Tax Administration Laws Amendment Bill [B 28 - 2020] (National Assembly – sec 75) and Report of Select Committee on Finance thereon (Announcements, Tablings and Committee Reports, 2 December 2020, p 329).

Consideration of Rates and Monetary Amounts and Amendment of Revenue Laws Bill [B 26B - 2020] (National Assembly – sec 77) thereon and Report of Select Committee on Finance (Announcements, Tablings and Committee Reports, 2 December 2020, p 336).
Consideration of Joint Report of Select Committees on Appropriations and Finance (Announcements, Tablings and Committee Reports, 3 November 2020, p 14) Appointment of the Director of the Parliamentary Budget Office dated 3 November 2020.

FURTHER BUSINESS ORDERS: 1.

Consideration of Report of Select Committee on Health and Social Services (Announcements, Tablings and Committee Reports, 6 August 2020, p 6) Appointment of the National Youth Development Agency (NYDA) Board Members, dated 05 August 2020.
___________________________________________________________ MOTIONS (Notices given on 2 December 2020): 1.
Draft resolution (Mr A Cloete): That the Council- (1) notes that residents of Bloemfontein in Mangaung were left without water for the past four days after the Mangaung Metro ORDER PAPER: NATIONAL COUNCIL OF PROVINCES NO 35– 2020 330 [Tuesday, 8 December 2020 Municipality, which is currently under a section 139(5) inter- vention, was not able once again to pay outstanding debt to the Bloemwater Water Board; (2) further notes that this is not an isolated incident since residents of Matjhabeng Local Municipality recently also experienced water shortages for four days owing to debt to Sedibeng and res- idents of Govan Mbeki Municipality were also throttled owing to debt to Randwater; and (3) calls for an urgent debate on the future of relationships between water boards and municipalities 2.
Draft resolution (Ms B Mathevula): That the Council- (1) debates the water shortages in Giyani, Limpopo where over 50 villages are without clean, running water, despite government spending R2.3 billion on a bulk water supply project started in 2010 which is incomplete and yet to yield results.

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Draft resolution (Ms C Visser): That the Council- (1) notes that an ever-increasing number of municipalities are under administration in terms of Section 139(1)(b) of the Constitution for the second time since 2018, since the first intervention in Butterworth in 1998, several others followed over the years re- gressing into a disaster and little evidence can be found of im- proved financial conduct within any of these municipalities; (4) (5) further notes that various interventions failed to yield clean au- dits, reduce Eskom debt or improve service delivery, which begs the question as to why the provincial governments saw fit to continue down this ineffective trajectory without considering the reasons for its failure; also notes that these provincial governments created an environ- ment nurturing unaccountability without consequences and within this environment allowed fraud and corrupt administra- tions to develop, to an extent that even the constitutional pre- ventative measures of section 139(1)(b) and/ or (c) were mis- used to settle political scores instead of governing towards re- spectfully upholding the constitution and the laws in compliance with their mandates; and (6) acknowledges that the current destructive course will have dire consequences for the economy and the communities entitled to basic services.
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Draft resolution (Mr WAS Aucamp): That the Council- ORDER PAPER: NATIONAL COUNCIL OF PROVINCES NO 35 – 2020 Tuesday, 8 December 2020] 331 (1) notes that during the deliberations on the provincial mandates for the Division of Revenue Bill, several provinces asked for more money to be made available in order to assist the agricul- tural sector that are suffering under the effects of the crippling drought; (2) (3) (4) (5) (6) further notes that Treasury in its answers to the provinces said that more money can be made available to provinces should a state of disaster with regards to the drought be declared either nationally or provincially; also notes that during February 2020 the country was declared as a drought disaster area, and that the disaster declaration was not renewed, and therefore is not in place any longer; further notes that many parts of our country have since February this year still not received yearly average rainfall, and are still experiencing the devastating effects of this prolonged drought and that the areas that received average rainfall still do not have enough grazing available to their animals; lastly notes that should certain provinces or areas within prov- inces be declared as drought disaster areas, provinces will have more access to funding in order to assist the agricultural sector in those areas in their provinces that are still suffering due to this drought; and requests the Minister of Cogta and/or the President and / or the relevant provincial premiers to investigate the possibility of de- claring certain areas as drought disaster areas again as a matter of urgency.
PETITIONS REFERRED TO COMMITTEES 1.
Submission of a petition calling for the intervention of National Council of Provinces in relation to the alleged failure by the Limpopo Department of Health to honour its undertaking of building a health care centre for the community of Dichoeung in Jane Furse, Limpopo (Mr Elcourt Matlala)- (Referred to Select Committee on Petitions and Executive Undertakings and Select Committee on Health and Social Services - The Select Committee on Petitions and Executive Undertakings is instructed in terms of rule 105(2) of the Council Rules to consult the Select Committee on Health and Social Services when it considers the matter).
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Submission of a petition calling for the National Council of Province to investigate the state of water infrastructure and the ORDER PAPER: NATIONAL COUNCIL OF PROVINCES NO 35– 2020 332 [Tuesday, 8 December 2020 inadequate performance by the officials in the Nkosazana Zuma Local Municipality and Harry Gwala District Municipality.
(Mr T Brauteseth, MP, on behalf of the disgruntled community members of the Nkosazana Zuma Local Municipality and Harry Gwala District Municipality)- (Referred to Select Committee on Cooperative Governance and Traditional Affairs, Water and Sanitation and Human Settlements).

BILLS REFERRED TO JOINT TAGGING MECHANISM (JTM) Agricultural Produce Agents Amendment Bill [B 33 - 2020] (National Assembly – proposed sec 76).

Electoral Laws Second Amendment Bill [B 34 - 2020] (National Assembly – proposed sec 75).
BILLS REFERRED TO COMMITTEES Protection of State Information Bill [B 6H – 2010] (National Assembly – sec 75) and the President’s reservations on the constitutionality of the Bill as submitted to him (Announcements, Tablings and Committee Reports, 12 June 2020, p 7) – (Portfolio Committee on Justice and Correctional Services – National Assembly).
Liquor Products Amendment Bill [B 10B – 2016] (National Assembly – sec 75) and the President’s reservations on the constitutionality of the Bill as submitted to him (Announcements, Tablings and Committee Reports, 12 June 2020, p 2) – (Portfolio Committee on Agriculture, Land Reform and Rural Development – National Assembly).
Performers’ Protection Amendment Bill [B 24B - 2016] (National Assembly – sec 75) and the President’s reservations on the constitutionality of the Bill as submitted to him (Announcements, Tablings and Committee Reports, 22 June 2020, p 2) – (Portfolio Committee on Trade and Industry – National Assembly).

Traditional Courts Bill [B 1D - 2017] (National Assembly – sec 76) (Portfolio Committee on Justice and Correctional Services- National Assembly).
Copyright Amendment Bill [B 13B - 2017] (National Assembly – sec 75) and the President’s reservations on the constitutionality of the Bill as submitted to him (Announcements, Tablings and 1.

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Committee Reports, 22 June 2020, p 2) – (Portfolio Committee Trade and Industry – National Assembly).
Road Accident Benefit Scheme Bill [B 17B – 2017] (National Assembly – sec 75) – (Portfolio Committee on Transport – National Assembly).

International Crimes Bill [B 37 – 2017] (National Assembly – sec 75) – (Portfolio Committee on Justice and Correctional Services – National Assembly).

Customary Initiation Bill [B 7D - 2018] (National Assembly – sec 76) (Portfolio Committee on Cooperative Governance and Traditional Affairs – National Assembly).
Prevention of Hate Crimes and Hate Speech Bill [B 9 – 2018] (National Assembly – sec 75) – (Portfolio Committee on Justice and Correctional Services – National Assembly).

State Liability Amendment Bill [B 16 – 2018] (National Assembly – sec 75) – (Portfolio Committee on Justice and Correctional Services – National Assembly).
Local Government: Municipal Structures Amendment Bill [B19D - 2018] (National Assembly – sec 76) (Portfolio Committee on Cooperative Governance and Traditional Affairs – National Assembly).

South African Reserve Bank Bill [B 26 – 2018] (National Assembly – sec 75) – (Standing Committee on Finance – National Assembly).
National Gambling Amendment Bill [B 27B – 2018] (National Assembly – sec 76) – (Select Committee on Trade and Industry, Economic Development, Small Business Development, Tourism, Labour and Employment – National Council of Provinces).

National Health Amendment Bill [B 29 – 2018] (National Assembly – sec 76) – (Portfolio Committee on Health – National Assembly).

Public Finance Management Amendment Bill [B 41 - 2018] (National Assembly – sec 76) – (Standing Committee on Finance – National Assembly).
Civil Aviation Amendment Bill [B 44 – 2018] (National Assembly – sec 75) – (Portfolio Committee on Transport – National Assembly).

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[Tuesday, 8 December 2020 Local Government: Municipal Systems Amendment Bill [B 2 – 2019] (National Assembly – sec 76) – (Portfolio Committee Cooperative Government and Traditional Affairs – National Assembly).
National Health Insurance Bill [B 11 - 2019] (National Assembly – sec 76) – (Portfolio Committee on Health – National Assembly).

Recognition of Customary Marriages Amendment Bill [B 12B – 2019] (National Assembly – sec 76) (Portfolio Committee on Justice and Correctional Services- National Assembly).

Economic Regulation of Transport Bill [B 1 - 2020] (National Assembly– sec 76) – (Portfolio Committee on Transport – National Assembly).
Auditing Profession Amendment Bill [B 2B - 2020] (National Assembly –sec 75) Select Committee on Finance – National Council of Provinces).

Fiscal Responsibility Bill [B 5 - 2020] (National Assembly – sec 76) – (Standing Committee on Finance – National Assembly).

National Road Traffic Amendment Bill [B 7 - 2020] (National Assembly – sec 76) – (Portfolio Committee on Transport – National Assembly).
Transport Appeal Tribunal Amendment Bill [B 8 - 2020] (National Assembly – sec 76) – (Portfolio Committee on Transport – National Assembly).

Public Finance Management Amendment Bill [B 13 - 2020] (National Assembly – sec 76) (Standing Committee on Finance – National Assembly).

Employment Equity Amendment Bill [B 14 - 2020] (National Assembly – sec 75) (Portfolio Committee on Employment and Labour – National Assembly).
Financial Sector Laws Amendment Bill [B 15 - 2020] (National Assembly – sec 75) (Standing Committee on Finance – National Assembly).

Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Bill [B 16 - 2020] (National Assembly – sec 75) (Portfolio Committee on Justice and Correctional Services – National Assembly).

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Criminal and Related Matters Amendment Bill [B 17 - 2020] (National Assembly – sec 75) (Portfolio Committee on Justice and Correctional Services – National Assembly).

Children’s Amendment Bill [B 18 - 2020] (National Assembly – sec 76) (Portfolio Committee on Social Development – National Assembly).

Cannabis for Private Purposes Bill [B 19 - 2020] (National Assembly – sec 75) (Portfolio Committee on Social Development – National Assembly).
Domestic Violence Amendment Bill [B 20 - 2020] (National Assembly – sec 75) (Portfolio Committee on Social Development – National Assembly).

for Occupational Compensation Injuries and Diseases Amendment Bill [B 21 - 2020] (National Assembly – sec 75) (Portfolio Committee on Employment and Labour – National Assembly).

Electoral Laws Amendment Bill [B 22 - 2020] (National Assembly – sec 75) (Portfolio Committee on Home Affairs – National Assembly).
Expropriation Bill [B 23 - 2020] (National Assembly – sec 76) (Portfolio Committee on Public Works and Infrastructure – National Assembly).

Second Adjustments Appropriation Bill [B 25 - 2020] (National Assembly – sec 77) (Select Committee on Appropriations – National Council of Provinces).

Fund-raising Amendment Bill [B 29 - 2020] (National Assembly – sec 76) (Portfolio Committee on Social Development – National Assembly).
Pension Funds Amendment Bill [B 30 - 2020] (National Assembly – sec 75) (Standing Committee on Finance – National Assembly).

Sectional Titles Amendment Bill [B 31 - 2020] (National Assembly – sec 76) (Portfolio Committee on Agriculture, Land Reform and Rural Development – National Assembly).

Correctional Services Amendment Bill [B 32 - 2020] (National Assembly – sec 75) (Portfolio Committee on Justice and Correctional Services – National Assembly).
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[Tuesday, 8 December 2020 Agricultural Produce Agents Amendment Bill [B 33 - 2020] (National Assembly – proposed sec 76) (Portfolio Committee on Agriculture, Land Reform and Rural Development – National Assembly).

Electoral Laws Second Amendment Bill [B 34 - 2020] (National Assembly – proposed sec 75) (Portfolio Committee on Home Affairs - National Assembly).
BILLS RETURNED TO ASSEMBLY FOR CONSIDERATION OF PRESIDENT’S RESERVATIONS Protection of State Information Bill [B 6H – 2010] (National Assembly – sec 75).

Liquor Products Amendment Bill [B 10B – 2016] (National Assembly – sec 75).

Performers’ Protection Amendment Bill [B24B - 2016] (National Assembly – sec 75).

BILLS REJECTED BY THE NATIONAL ASSEMBLY 1.

Road Accident Benefit Scheme Bill [B 17B – 2017] (National As- sembly – sec 75).
BILLS PASSED BY NATIONAL ASSEMBLY AND TRANSMITTED TO NATIONAL COUNCIL OF PROVINCES FOR CONCURRENCE 1.

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Social Assistance Amendment Bill [B 8B - 2018] (National Assembly – sec 76).

National Gambling Amendment Bill [B 27B – 2018] (National Assembly – sec 76).

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Judicial Matters Amendment Bill [B 13B - 2019] (National Assembly – sec 75).

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Auditing Profession Amendment Bill [B 2B - 2020] (National Assembly –sec 75).

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Second Adjustments Appropriation Bill [B 25 - 2020] (National Assembly – sec 77).

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BILLS PASSED BY COUNCIL AND RETURNED TO ASSEMBLY FOR CONCURRENCE Traditional Courts Bill [B 1D - 2017] (National Assembly – sec 76).

Customary Initiation Bill [B 7D - 2018] (National Assembly – sec 76).

Local Government: Municipal Structures Amendment Bill [B19D - 2018] (National Assembly – sec 76).
Recognition of Customary Marriages Amendment Bill [B 12B – 2019] (National Assembly – sec 76).
INTERNATIONAL AGREEMENTS Ratification of the Agreement between the Government of the Republic of India, the Government of the Federative Republic of Brazil and the Government of the Republic of South Africa on the IBSA Fund for the Alleviation of Poverty and Hunger (signed 17 October 2017) (Tabled on 18 October 2019) (NA: Referred to Portfolio Committee on International Relations and Cooperation on 22 October 2019) (NCOP: Referred to Select Committee on Security and Justice on 24 October 2019).
Agreement between the Government of the Republic of South Africa and the European Atomic Energy Community (EURATOM) for Co-operation in the Peaceful Uses of Nuclear Energy (Tabled on 14 November 2019) (NA: Referred to Portfolio Committee on Mineral Resources and Energy on 18 November 2019) (NCOP: Referred to Select Committee on Land Reform, Environment, Mineral Resources and Energy on 17 November 2020).
African Charter on Statistics (Tabled on 5 March 2020) (NA: Referred to Portfolio Committee on Public Service and Administration on 9 March 2020) (NCOP: Referred to Select Committee on Security and Justice on 2 December 2020).

ORDER PAPER: NATIONAL COUNCIL OF PROVINCES NO 35– 2020