DA CALLS FOR INPUT ON TWO MORE PRIVATE MEMBERS’ BILLS

DA CALLS FOR INPUT ON TWO MORE PRIVATE MEMBERS’ BILLS

• 20 October 2023
• Parliament
• SA Legal Academy

Democratic Alliance MPs Siviwe Gwarube and Dean Macpherson have announced their intention to table two more private members’ Bills in Parliament. In anticipation of this, separate notices have been published in the Government Gazette – serving not only as explanatory summaries but also providing stakeholders with an opportunity to comment by 20 November 2023 on the draft Bills attached.

Gwarube’s draft Local Government: Municipal Structures Amendment Bill follows the publication of a briefer explanatory summary in March 2023 simply outlining the gist of the legislation being proposed and calling for input. The draft Bill’s overarching objective is to regulate the process of removing a speaker, whip, mayor or deputy mayor from office using a motion of no confidence. This is bearing in mind the extent to which this practice has been used as a ‘political tool’ to destabilise coalition governments at local level – at least in Gwarube’s view.

Macpherson’s draft Public Preferential Procurement Policy Framework Amendment Bill follows the publication of a briefer explanatory summary in April 2022. Once again, the notice outlined what was envisaged at the time and called for public comment. Essentially, the draft Bill’s overarching objective is to prioritise the ability of a prospective supplier or service provider tendering for a government contract to deliver a quality product or service timeously and without compromising all relevant standards. Evidence of the positive socio-economic impact already made by a supplier or service provider would place them higher up the rankings of preferred contractor. All references to Broad-Based Black Economic Empowerment (B-BBEE) Act-related criteria would be removed and the B-BBEE Act repealed.

Meanwhile, the National Assembly’s Standing Committee on Finance has already held parliamentary hearings on National Treasury’s Public Procurement Bill, which was tabled in June 2023 and is closely aligned to the B-BBEE Act. Once passed, enacted and operationalised, it will repeal and replace the Preferential Procurement Policy Framework Act, 2000.

This notwithstanding, if formally introduced before Parliament rises on 5 December 2023, the two new pieces of legislation envisaged will bring the number of private members’ Bills introduced by the DA this year to nine. The other seven have yet to be subjected to votes on their desirability – a mandatory procedure applicable to all new legislation at National Assembly committee level.

Over the years, not one DA private member’s Bill has survived the desirability vote. Some may nevertheless have influenced the thinking behind Bills later tabled by the executive.

• draft Local Government: Municipal Structures Amendment Bill
• March 2023 explanatory summary
• draft Preferential Procurement Policy Framework Amendment Bill
• April 2022 explanatory summary
• Public Procurement Bill (tabled by National Treasury in June 2023)

Published by SA Legal Academy Policy Watch

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