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PRESENTATION TO PORTFOLIO COMMITTEE:

31 AUGUST 2005

Status of legislation currently dealt with by the Department of Public Works

AB AnnandaleDirector: Legal Services

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CONTENTS

1. Government-wide Immovable Asset Management Bill, 2005 (GIAMA)

2. Expropriation Bill, 2005

3. Parliamentary Villages Management Board Amendment Bill, 2005

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1. GIAMA, 2005

• Policy as well as draft Bill served before Economic Cabinet Committee on the 10th of August 2005;Decision: Recommended for approval by Cabinet;

• Both documents also served before Cabinet on 17 August 2005;Decision: Approved in principle: – subject to further specific consultation with Departments of Foreign Affairs and Land Affairs as well as with Treasury.

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GIAMA, 2005 (cont.)

• Policy and draft Bill also submitted to the Chief State Law Advisor on 11 August 2005 for legal and constitutional scrutiny as well as certification (Note: Office of CSLA requires 6-8 weeks).

• After certification Bill to be submitted to Parliament for formal deliberation.

• Issues to be deliberated by Portfolio Committee: – Bill to be published for public comment?– In view of Bill being a section 76 Bill – referred first to

NCOP?– Public hearings to be held?

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2. EXPROPRIATION BILL, 2005

1. The redrafting of the Expropriation Act has become necessary:

(a) to ensure consistency with the provisions of the Constitution in particular those dealing with property rights (section 25), access to information (section 32), just administrative action (section 33); the right to privacy (section 14); language provisions (sections 6 & 30) and limitation of rights (section 36); and

(b) due to changes in governmental policies, that is land reform policies.

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EXPROPRIATION BILL(cont.)

2. The Bill has been drafted in consultation with officials from:

The Office of the Chief State Law Advisor;

The Office of the State Attorney – Pretoria;

The Department of Land Affairs; and The Department of Public Works.

3. The Department has received the fourth draft of the Bill.

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EXPROPRIATION BILL(cont.)

4. The Bill, inter alia:

Provides for the expropriation undertaken for a “public interest”;

Includes the considerations in section 25(3) of the Constitution (Act 108 of 1996) in the calculation of compensation;

Gives recognition to the expropriation of unregistered rights and provides for the compensation therefor

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EXPROPRIATION BILL(cont.)

5. In acknowledgement of the financial difficulties likely to be experienced by poorer expropriatees the Bill provides for the acquiring authority to pay:

the legal, valuation and other costs reasonably incurred by the expropriatee in submitting a claim for compensation and in negotiating a claim; and

The negotiator’s costs in a formal negotiation.

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EXPROPRIATION BILL(cont)

6. Department’s concern - is the financial viability of the provisions mentioned under item 4 above.

7. The Department is to consult National Treasury, Provincial and Local Government on the financial viability of such proposition.

8. On receipt and consideration of the comments the draft Bill will be amended, if necessary, and thereafter referred to Cabinet, for its in principle approval.

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3. PARLIAMENTARY VILLAGES MANAGEMENT BOARD BILL, 2005

Amendments to the Parliamentary Villages Board Act, 1998 ( Act 96 of 1998) are proposed to provide for the following:

The amendment of the definition of “parliamentary villages” in order to extend the category of people to be accommodated in the villages.

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PARLIAMENTARY VILLAGES MANAGEMENT BARD BILL, 2005 (cont.)

2. The Bill also provides for the following people to be appointed by the Minister as members of the Board:

A member of the South African Police Service; The Chairperson of the National Assembly

Portfolio Committee on Public Works; The Chairperson of the National Council of

Provinces Joint Committee on Public Works; and,

A member of Parliament who will represent the interests of Parliament.

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PARLIAMENTARY VILLAGES MANAGEMENT BOARD BILL, 2005 (cont.)

3. The Minister may also appoint not more than two additional members of the Board.

4. The functions of the Board are extended to provide for the making of management rules regarding the use of the parliamentary villages.

5. The proposed amendments will be referred to the Board for its input and comment, prior to it being submitted to Cabinet for in-principle approval.

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END