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[No.06-2009] First Session, Fourth Legislature.

REPUBLIC OF SOUTH AFRICA

LEGISLATURE OF THE

NORTHWESTPROVINCE

MINUTES

TUESDAY, 07 JULY 2009

09H00

1.PRAYER/ MEDITATION

The Hon. DeputySpeaker presided and asked the House to observe a moment of silence for prayer or meditation.

2.MINUTES OF THE 18th JUNE 2009

Deputy Speaker tabled the minutes of the previous sitting held on the 30 June 2009 for the corrections and adoption by Members.

Hon. Hattingh wanted the minutes to give or reflect the original motion placed by Hon. Baloyi. Hon. Elisha draws the attention of the House to page 18 of the minutes which then addressed the question raised by Hon. Hattingh.

The House then adopted the minutes as a true reflection of the proceedings held on the 30th June 2009.

Hon. Deputy Speaker indicated to the House that she received a letter from the office of the Chief Whip which sought to suspend the following items from the order paper until the end of budgets presentations: Motions

:Questions and Interpellations

:Statements by Members

Hon. Hattingh indicated that the DA was not involved in such decision of suspending other items in the order paper.

Hon. Num indicated that they were consulted and had agreedto the proposal by the Chief Whip, but they had reservations about the short notice.

Hon. Mfundisi said that theyhad agreed with the Chief Whip and they were part of that decision.

3.ANNOUCEMENTS, TABLINGS AND COMMITTEE REPORTS.

a).MEC Mabe tabled the Consolidated statements on the Performance of Municipalities, 2nd Quarter ending 31 December 2008.

This report stands referred to the Finance, Economic Development and Tourism Portfolio Committee.

b).Hon. Pelele tabled the report of the portfolio committee on Public Safety and Provincial Affairs on the scrutiny of the annual performance plan and the budget of Vote 02.

c).Hon. MokomeleMothibi tabled the report of the portfolio committee on Health and Social Development on the scrutiny of the annual performance plan and the budget of Vote 03.

d).Hon. Baloyi tabled the report of the portfolio committee on Agriculture, Conservation, Environment and Rural Development on the scrutiny of the annual performance plan and the budget of Vote 13.

e).Hon. Modise tabled the report of the portfolio committee on Finance, EconomicDevelopment and Tourism on the scrutiny of the annual performance plan and the budget of Vote 06.

4.PROCEEDINGS ON BILLS: SECOND READING OF THE NORTH WEST APPROPRIATION BILL, 2009.

Hon. Hattingh questioned the legality of the process of proceeding with the second reading of the North West Appropriation Bill, 2009 after its revival. He further said that the memorandum tabled in the last sitting does not represent an amendment to the bill. He also mentioned that he had consulted National Treasury and he was advised that the process would be illegal.He then concluded by questioning the compilation of the Speaker’s list.

Hon. Elisha reminded the House about the resolution of the previous sitting to revive the bill with the attached supplementary memorandum that explains the realignment of functions in some of the departments.

The House also agreed that the process should commence with the 2nd reading of the bill and also that committees will deliberate on details and report to the House.

Hon. Elisha again gave clarity that the Working Committee agreed that all party Whips should meet with the Chief Whip and finalise the speakers’ list and time allocation.

Hon. Num indicated that her understanding in the last sitting was that the bill and the memorandum should be referred to the committees for processing.

Hon. Moepeng indicated to the House that party Whips did not come to his office to finalise the compilation of the speakers’ list as agreed in the Working Committee, he therefore proceeded with the compilation in order for the House to proceed with its business.

Hon. Deputy Speaker ruled that the matter concerning speakers’ list should be addressed at the Working Committee meeting, she further ruled that with an understanding of the background given by Hon. Elisha the House will proceed with the second reading of the North West Appropriation Bill as per the resolution of the previous sitting.

Hon. Deputy Speaker adjourned the House for 10 minutes at 10:00to allow for a caucus with party Whips concerning the order in the House.

Hon. Deputy Speaker resumed the House at 10:10 and indicated to the House that she maintains the ruling given earlier and that proceedings will unfold.

Hon. Hattingh rose on a point of order on the ruling made by the Deputy Speaker.

Hon. Num also rose on the point of order, but addressed the House. Hon. Elisha rose on a point of order that Hon. Num is not the Whip of her party and therefore she can not exercise the privilege of speaking as provided for in Rule 106 and also that her statement should be expunged from the records of the House.

Hon. Maloyi also clarified the House that when the Presiding Officer gave a ruling Members should adhere to that, but if they are not in agreement with the ruling the correct procedure is to forwarded their objections to the Rules Committee.

Hon. Deputy Speaker called the Hon. Maloyi to deliver the budget speech of the North West Provincial Legislature.

Hon. Hon. Pelele presented the report of the committee the scrutiny of the annual performance plan and the budget of Vote2.

The following Members participated in the debate:

Hon. Hattingh{06 min}

Hon. Mfundisi{05 min}

Hon. Baloyi{17 min}

It should also be noted that Hon. Kheswa withdrew from the debate as his party did not agree to the second reading of the North West Appropriation Bill,2009.

Hon. Maloyi responded to the debate in conclusion and the House adopted the Budget of Vote 2 per programme.

Hon. Deputy Speaker informed the House that she and Hon. Maloyi (Speaker) had to leave the proceedings for other official engagement in Cape Town for the rest of the week and that the Chair of Chairs will presideduring their absence.

Hon. Elisha presided and then called MEC Kasienyane to deliver the budget speech of the Department of Health and Social Development, Vote 3.

Hon. Mokomele Mothibi presented the report of the Portfolio Committee on Health and Social Development on the scrutiny of the annual performance plan and the budget of Vote 3.

The following members participated in the debates:

Hon. Mothupi{10 min}

Hon. Mfundisi{04 min}

Hon. Makume{12 min}

It should also be noted that Hon. Mashori and Hon. Hattingh withdrew from participating in the debates inline with their parties’position against the second reading of the North West Appropriation Bill,2009.

MEC Kasienyane responded in conclusion and the House adopted the budget of the Department of Health and Social Development per programme.

The Presiding Officer Hon. Elisha called the MEC Tshwene to deliver the budget speech for the Department of Agriculture, Conservation, Environment and Rural Development.

MEC Tshwene delivered his budget speech and the Presiding Officeradjournedthe House for Members to have lunch at 13:30 until 14:30.

The Presiding Officer resumed the House at 14:30 and indicated that he received the apology from Hon. Mangope who requested to leave early.

Hon. Baloyi presented the report of the Portfolio Committee on Agriculture, Conservation, Environment and Rural Development on the scrutiny of the annual performance plan and the budget of vote 13.

The following Members participated in the debate:

Hon. Makume{ 8 min}

Hon. Mfundisi{ 4 min}

Hon. Rosho{10 min}

It should again be noted that the following members did not participate in the debates inline with their parties position against the second reading of the North West Appropriation bill,2009

Hon. Kheswa

Hon. Motswenyane

Hon. Franzen

The MEC Tshwene responded in conclusion and the House adopted the budget as per programme.

Hon. Elisha called the MEC Matsemela to deliver the budget of the Department of Economic Development and Tourism.

Hon Modise presented the report of the Portfolio Committee on Finance, Economic Development and Tourism on the scrutiny of the annual performance plan and the budget of Vote 6.

The following Members participated in the debates

Hon. Baloyi{ 10 min}

Hon. Mfundisi{ 4 min}

Hon. Moepeng{12 min}

It should again be noted that Hon. Num did not participate on the debate in line with her party position against the second reading of the North West Appropriation bill,2009

MEC Matsemela responded in conclusion and the House adopted the budget of Vote 6 as per programme.

5.CLOSURE

The Presiding officer adjourned the House until Wednesday the 8th July 2009

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