Issued by: Gauteng Legislature
MEMORANDUM IN TERMS OF RULE 137 OF THE STANDING RULES OF THE PROVINCIAL LEGISLATURE ON THE PROVINCIAL COMMISSIONS BILL, 1997
(i) Reasons for the Bill
The proposed Bill on Provincial Commissions regulates the functions of commissions of enquiries appointed by the Premier under section 127(2)(e) of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996). The commissions so appointed will then be able to investigate into matters as defined by the Premier by proclamation in the Provincial Gazette. The Bill also makes provision for the repeal of the Commissions of Inquiry Ordinance, 1960 (Ordinance No.9 of 1960) so that there will only be one Bill regulating commissions of enquiry on provincial level.
(ii) Effects of the Bill
A commission of inquiry appointed by the Premier may investigate matters as defined by the Premier by proclamation in the Provincial Gazette and, unless the chairperson decides otherwise, the public will be able to hear evidence and addresses made to such a commission on issues under investigation.
(iii) Environmental impact
If environmental issues are investigated by a commission of enquiry it might have an impact on the environment.
(iv) Financial implications
The remuneration, allowances and expenses of a member or an official of a commission who is not in the full-time employment of the State, the witness fees and all other costs which the Premier regards necessary for the functioning of a commission, shall be paid out of money appropriated for that purpose by the Provincial Legislature, unless the person, local authority or other body who asked for such commission has, before the appointment of the commission, agreed with the Premier to pay all or a portion of such costs.
(v) Comments
The Bill has not been published for comments
(vi) Clause-by-clause explanations
(aa) In clause 1 certain words are defined.
(bb) Clause 2 provides for the appointment of a commission by the Premier by proclamation in the Provincial Gazette. In such proclamation the Premier may define the matter to be investigated by the commission, make regulations, appoint a secretary and other officials, and designate a chairperson. Any such regulations may provide for penalties for any contravention thereof. Provision is also made for the remuneration of a member or an official of a commission who is not in the full-time employment of the State.
(cc) Provision is made in clause 3 for the sittings of a commission as determined by the chairperson and also for the decision of a chairperson to hear all evidence and addresses regarding the issues under investigation in public.
(dd) Clause 4 empowers a commission to subpoena witnesses to give evidence under oath of affirmation or to produce any book, document or object as determined by such a commission.
Provision is also made for procedure regarding the issuing of subpoenas and fees payable to such witnesses as well as their right to legal representation at their own cost.
(ee) Offences by witnesses such as failing to attend or remain in attendance at a meeting as specified by a commission, refusal to be sworn in or make an affirmation, failing to answer fully as satisfactorily, failing to produce, amongst other things, books or documentation as required and the giving of false evidence before a commission as well as the penalties thereof are provided for in clause 5.
(ff) Clause 6 provides that it is an offence for witnesses to, amongst other things, give false evidence, bribe any witness to refrain from giving evidence, keep a witness away from any sitting of a commission or destroy or conceal any book, document or object which might be of assistance to a commission.
(gg) It is also an offence, according the clause 7, for any person to, amongst other things, willfully interrupt the proceedings of a commission, hinder or obstruct a commission or disturb the peace and order of such proceedings.
(hh) Clause 8 makes provision for a commission to report to the Premier in writing within a certain period. Any disagreement among the members of a commission shall be stated in such report and a copy of such report or any part thereof may not be furnished to any other person within the specified date. It also provides for the submission of the commission's report to the relevant Standing Committee.
(ii) Clause 9 provides that it is also an offence to divulge any evidence given at a sitting of a commission (which is not open to the public) to any other person.
(jj) According to clause 10, a commission may make such rules for its own guidance on the conduct and management of its proceedings.
(kk) Clause 11 provides for the remuneration, allowances and expenses of a member or of an official who is not in the full-time employment of the State, witness fees and all other costs which the Premier regards necessary for the performance by the commission of its functions, to be paid out of money appropriated for that purpose by the Provincial Legislature. Provision is also made for the person, local authority or other body who asked for such commission, (before the appointment of the commission), to pay all or a portion of such costs if so agreed with the Premier.
(ll) The Commission of Inquiry Ordinance, 1960 (Ordinance No. 9 of 1960) is repealed by clause 12 and provision is also made for any commission appointed under the said Ordinance before the commencement of this Bill to be continued under that Ordinance in so far as it is not in conflict with the Constitution.
(mm) Clause 13 contains the short title.
(vii) Other information deemed necessary by the member in charge of the Bill. None.
19 February 1997