Deliberations on the final mandate on the Public Procurement Bill

Meeting report

The Chairperson mentioned that at 9:00, she would like everyone to introduce themselves before starting.

Mr G Brinkhuis (Al Jama-ah) and Mr I Sileku (DA) introduced themselves.

The Chairperson then continued by thanking everyone. She noted that Mr A Van der Westhuizen (DA) was not present, as he had misunderstood the meeting time and had to collect passengers from 9:00, causing him to lose connection. The Chairperson requested the procedural staff to attempt to call him into the meeting. She also invited the legal team and other procedural staff to introduce themselves and thanked them for ensuring the smooth running of the meeting. The Chairperson confirmed the group was aware of the rules of engagement and proceeded to the deliberation on the final mandate for the Public Procurement Bill, mentioning significant behind-the-scenes developments. She asked the Procedural Officer for any feedback from the National Council of Provinces staff. She requested her to present a letter the Committee had received to seek advice from Ms Mpho Khoele, the Committee’s Legal Advisor.

The Procedural Officer thanked everyone and greeted the Members. She reported that she had spoken to officials at the National Council of Provinces (NCOP), who were trying to involve stakeholders. She noted that the comments from stakeholders would be integrated into the process, addressing technicalities. Regarding the Bill version, it was sent to all Members.

The Chairperson expressed uncertainty about whether to present the received letter beforehand and asked the Procedural Officer for procedural guidance.

The Procedural Officer suggested that the letter be shared easily with the stakeholders rather than the Committee but left it to the Chairperson's discretion.

The Chairperson shared that she had received a commendation from the Select Committee on Finance Chairperson regarding the well-drafted negotiating mandate for the Western Cape. She thanked everyone for their contributions and informed them that the legal advisor of the NCOP had agreed that the Bill would stand over. She explained that the Bill is unlikely to be finalised under the current administration due to the technicalities, feedback, and numerous revisions, and it would be carried over to the next administration. She then asked the Procedural Officer if it was possible to present the tracked version.

The Drafted Public Procurement Bill [B 18B – 2023] (NCOP) (with track changes)

The Chairperson suggested going through the responses to the Western Cape’s mandates and then discussing whether to proceed. She asked the Members to pay attention as they scrolled through the track changes and invited them to ask questions or make remarks. She noted that the amendments maintained a focus on affirmative action and Broad-Based Black Economic Empowerment (BBBEE), with any contrary amendments excluded.

She also observed that many textual changes had been made and some of the Minister's powers had been curtailed, which she welcomed. She thanked the Procedural Officer and then asked to review the responses to the negotiating mandate. The Chairperson then called for a discussion on the way forward and the mandate to give to the NCOP, inviting Members to raise their hands for any comments.

(see attached)

Discussion

Mr G Brinkhuis (Al Jama-ah) greeted the Chairperson and stated that their input was to support the Bill as Al-Jama-ah and wished for this to be added to the final negotiating mandate.

Mr I Sileku (DA) also greeted the Chairperson and sought clarification on her opening remarks about the complexities of the Bill, despite their recommendations. He pointed out the probability that the Bill might not be dealt with within the Sixth Parliament and might be carried over. He asked procedurally what this meant for the Members of the Standing Committee and whether they were required to have a final mandate despite the uncertainty about the Bill being addressed before the Sixth Parliament rises. He requested clarification before commenting further.

The Chairperson thanked him and confirmed they had received a letter from the Chair, which the Procedural Officer had circulated. She explained that the call was difficult to document precisely but expressed her discomfort with supporting the Bill, knowing further changes were needed. She did not want their delegate to be responsible for arguing for the Bill under these conditions. She agreed with Mr Sileku's points, noting the long time taken to address issues highlighted by various stakeholders. She then asked the Procedural Officer to address any procedural points she might have missed.

The Procedural Officer thanked everyone and said the Chairperson had covered it well. She explained that the stakeholders had been involved throughout the process, and their comments would likely lead to changes in the Bill. If there were no further comments or changes, this would be the version they would deal with. This was all she knew from the morning's discussion.

The Chairperson thanked her and asked the Members what mandate they would give to support or not support the Bill.

Mr Sileku responded, expressing his dissatisfaction but accepting the response. He echoed the Chairperson's sentiments, acknowledging that while some ministerial powers had been curtailed, the BBBEE elements remained problematic, as they tended to benefit a few while the majority remained disadvantaged. He noted the impact on small businesses and those without connections. Given that stakeholders would still have the opportunity to comment on the Bill, he recommended maintaining their negotiating mandate and instructing their permanent delegate in the National Council of Provinces not to support the Bill. He thanked the Chairperson.

The Chairperson thanked Mr Sileku and shared his frustration. She then announced a short break so the procedural staff could quickly write up the report and asked the Procedural Officer if it would be acceptable to reconvene at 9:30.

The Procedural Officer responded that the report was already prepared and suggested they could continue immediately.

[Final Mandate Stage] Report of the Standing Committee on Finance, Economic Opportunities and Tourism on the Public Procurement Bill [B 18D – 2023] (NCOP), dated 6 May 2024

The Chairperson agreed and proceeded to read the report aloud, requesting for it to be displayed larger for easier reading.

She read that The Final Mandate Stage Report of the Standing Committee on Finance, Economic Opportunities and Tourism on Public Procurement Bill [B18D-2023] NCOP, dated 06 May 2024, had been considered. The Standing Committee recommended that the House confer on the Western Cape's delegation in the National Council of Provinces the authority not to support the Bill in accordance with Standing Rule 90, noting that Al Jama-ah expressed a minority view to support the Bill.

The Chairperson then asked for an adopter.

Ms Sileku moved for the adoption of the report.

The Chairperson thanked her and asked if there were any seconders. Seeing none, she confirmed they would move forward with tabling the report and asked the Procedural Officer for confirmation. The Procedural Officer confirmed this was correct.

The Chairperson seconded the adoption and thanked everyone, stating that they were done with the Committee report – see attached

Annual Committee Report of the Standing Committee on Finance, Economic Opportunities and Tourism for the 2023/24 financial year, dated 6 May 2024

The Chairperson then proposed pulling up the draft 2023/24 annual activities report for consideration. She noted that for the record, she had seconded the adoption. She mentioned that everyone should have received the draft 2023/24 annual activities report for consideration, and this was an opportunity to amend the report or indicate if they were happy for it to be adopted. She suggested they quickly scroll through the names, commenting on how busy the past year had been.

Finally, she asked if they could have an adopter for the annual activities report.

Mr Sileku moved for the adoption of the report.

Mr Brinkhuis seconded the motion.

(see attached)

Committee Minutes

The Chairperson thanked them both and proceeded to consider the draft minutes. She mentioned the draft minutes for 8 March, 14 March, and 22 March. Acknowledging the Members' busy schedules, she suggested they might have already reviewed the minutes prior to the meeting and proposed adopting them in total.

Mr Sileku seconded the proposal to adopt the minutes in totality.

Mr Brinkhuis also expressed his agreement.

The Chairperson thanked him and confirmed that they had adopted the draft minutes.

Farewell messages

The Chairperson expressed gratitude, stating that they had essentially adopted everything as a batch. She reflected on the long road they had travelled together, acknowledging the hard work and robust conversations. She thanked Members for keeping her on her toes and for teaching her so much, expressing her appreciation for the procedural staff's professionalism and guidance throughout the process. She concluded by thanking everyone for the opportunity to serve as their Chairperson and wished them all the best in their future endeavours.

Mr Brinkhuis thanked the Chairperson for her leadership and guidance, expressing his well wishes for her future. He appreciated the opportunity to serve alongside her and thanked the procedural team as well.

Mr Sileku expressed his gratitude to his colleagues for their support, smiles, and jokes throughout their time together. He thanked the Chairperson for accepting him into the Committee and acknowledged the valuable lessons he had learned. He extended his appreciation to all those who had assisted them, including the procedural team. He expressed his belief that they would continue to cross paths even outside of the Committee setting. He concluded by wishing everyone well and expressing heartfelt thanks.

The meeting was adjourned.