🤑 National Gambling Amendment Act 10 of | South African Government

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Telugu (2\u00261-7-2020) Current Affairs The Hindu News Analysis - Mana Laex Mana Kosam

Mr Mjenxane said that perhaps Adv De Wet could explain why the provision was not in the original Bill. He assumed that the Minister of Trade and Industry would withdraw the Bill. He did not wish for the Bill to be lost in translation. The Committee also received a document from the Parliamentary Legal Advice Office on matters that required legal clarity. The clause had not been clarified enough. The voting reflected an impasse on the Bill, as the vote was evenly split. The DA was asked to submit its minority declaration on both bills by the end of the day.

Seven of nine provinces submitted final mandates on the National Gambling Amendment Bill: three provinces voted in favour of the Bill, three voted against and one province abstained.

International stakeholders had made inputs on the Bill after the deadline which unfortunately could not be considered in terms of the Rules.

He felt that Clause 2 2 should be deleted. He asked the legal advisers to assist on the way forward. The Chairperson replied that he respected what the experts said but that they needed to suggest proposals in the Bill and not only critique it.

The Bill only applied to a specific group of people who were deployed abroad for four to five years.

The Bill was thus adopted by the Committee unamended. The Parliamentary Legal Advice Office had even put the explanation in writing. Dr Masotja said that the stakeholder that the Chairperson was referring to in fact supported the Bill. Many submissions had been received late but despite this, they had been incorporated into the DTI response document. Once this was done then a voting mandate would be submitted from Provinces to the House. He noted that a number of submissions had been received on the Bill. Mr Terblanche replied that the best he could do was to submit the declaration by 22 March The Chairperson said that the DA minority view was being accommodated and that the minority declaration should be submitted by end of business the present day. The Chairperson said that perhaps the legal adviser needed to explain further. No communication had been received from the North West Province. Performers Protection Amendment Bill: adoption The Chairperson stated that the Committee was largely in agreement on the Bill as it was looking out for the interests of performers. Mr Rayi asked what the need for such a clause was; there was other legislation that covered employees. He said that the minority view should have been expressed in the present meeting in any case. Most of the experts had cleared the Bill. The initial interpretation of his submission had been wrong. The Chairperson pointed out that due to IT challenges, some stakeholder submissions in support of the Bill had not been received. The DA was allowed to make a minority declaration objecting to the Bills in the House as the Bills had been tagged Section 75 bills and the DA believed they should have been tagged as Section 76 bills affecting the provinces. Adv Van Der Merwe replied that the Bill could only be withdrawn at its second reading and in this instance the second reading had been at the time of the National Assembly approval of the Bill. The Committee would submit its Report on the Bill to the House. The Committee after deliberations had decided against the acceptance of the proposed amendments. Was the Bill speaking to government policy? The DA could make a declaration in the House about its objection to the Bill. The Bill also proposed training for employees of other departments. The Chairperson placed the Bill before Members to vote. She summarised that there was thus two options: the first was to wait for the outstanding final mandates and the second was the voting mandate in the House. It was evident that there was no clear majority as referred to in section 65 1 of the Constitution. An ambassador was appointed by the President but the Bill provided that the Minister and the Director General of International Relations and Cooperation had the authority to release such ambassador from the posting. However, most of their views were broad and there were no clear specific recommendations or proposed amendments. Voting would most probably take place in the House. Copyright Amendment Bill: adoption The Chairperson said that stakeholders had made proposals to amend the Bill to which the DTI had responded the previous week. Mr Rayi said that the Committee needed to express its view on whether it was in favor of amendments suggested by stakeholders or whether it supported the responses given to it by the DTI. It was evident that the Committee had reached an impasse on the Bill. Mr Terblanche said that he could not support the Bill in its current format. Mr Nthebe agreed with Mr Rayi and asked the Chairperson what he did not understand. Her job entailed advising on legal issues and the matter before the Committee was procedural. The Committee agreed that the Bill together with its Committee Report would be referred to the House. The Committee needed to file the declaration. The Chairperson said he had received an email from a person noting that his submission had been misunderstood. It was correct that Rule 1 provided that the Bill should be referred to the House. The Chairperson stated that two options lay before the Committee. He was concerned that workers would be vulnerable to different interpretations of Clause 2 2. This Bill would be presented to the House on Thursday 28 March The Committee Report on the Bill would also be submitted to the House. At the end of the day experts were consulted. The Chairperson placed the Bill before Members for a vote. The Chairperson did make special mention of a concern that he had. Mr Terblanche replied that he would try his best to submit the DA minority declaration by end of business. The Committee agreed that clarity was needed on the ambassador matter. Rule 1 of the Joint Rules applied. Mr Faber said that what the expert panel had said about the Bill needed to be taken into consideration. Sometimes the opinions of experts differed. Most of the stakeholders rejected the policy decision in their submissions. He was uncomfortable with the provision. Mr Nathi Mjenxane, Parliamentary Legal Adviser, said as he understood it there was nothing untoward about the delegation of power by a Minister. The Bill did not change the structure that was in place. He would in the Committee Report make mention that certain final mandates were received late. Such training could conflict with the Skills Development Act. Opinions were in no way helpful and were only noted. There was also a third option of the Bill being withdrawn. Some of the major concerns related to intergovernmental relations such as Clause 8 1 and on Clause 2 on the application of the Act. As the Parliamentary Legal Advice Office had stated it was up to the Committee to delete or keep the provision. Was this constitutional? Procedural advice from legal advisers was that Rule 1 of the Joint Rules came into play. He had tried to modify the provision in Clause 2 but his efforts were in vain. There were three votes in favour and three against with one abstention. Mr Terblanche said that he still had the same stance as in the previous meeting that he did not support either the Performers Protection Amendment Bill or the Copyright Amendment Bill. There could have been a glitch in the system. The Gauteng Provincial Legislature voted against the Bill. The clause was ambiguous and should be deleted. Mr Nthebe reacted that the Clause 2 matter had already been debated at length. The Chairperson said that it was a section 75 bill and hence members could have their say on the Bill. The Committee still needed to engage on the Bill. Mr Rayi referred to page 3 of the Parliamentary Legal Advice Office document and stated that he had concerns that Clause 2: Application of the Bill could be differently interpreted. There were times where there were policy clashes but the DTI stuck to its guns. It was how the Executive worked. The Portfolio Committee on Trade and Industry had suggested that an expert panel was needed to look at the overall Bill. North West and Free State had not submitted final mandates at the time of the meeting. Another concern was that the clause which gives the Bill precedence over other Acts had not been in the original Bill. The Committee Report would reflect the final mandates. The response document had been provided to the Committee. The bottom line was that the Committee did not accept the submissions. After lengthy deliberation on Clause 2 2 of the Foreign Service Bill, the Committee voted on whether to delete this. The Bill was adopted as amended and would be referred back to the National Assembly committee to approve the removal of Clause 2 2. There was no option for the Committee but to refer the Bill to the House for a decision to be taken. The Chairperson reiterated his concern that even though an ambassador was appointed by the President in terms of the Bill, the ambassador could be withdrawn by the Minister or by delegating such authority to the Director General to do so. He felt adamant that Clause 2 2 should be deleted.