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Provincial Gazette for Eastern Cape No. 4405, 30 March 2020, Vol 27, Page 24

20200330 - Provincial Gazette for Eastern Cape No 4405 of 30-March-2020, Volume 27, page 24

Page	24 of 32
Gazette	Provincial Gazettes (Eastern Cape), No 4405, from 30 March, 2020
Notice	Page No. 9 of 11, Notice No. 71, Provincial Commissions Amendment Bill, 2020 (Eastern Cape) » the above mentioned Bill is hereby published for public comment

24    No. 4405                PROVINCIAL GAZETTE,  30 MARCH 2020

The Eastern Cape Commissions       Act was passed and assented      to in 1994, at a
                     time before the Constitution of the  Republic of South Africa  was adopted in 1996.

The Act was developed and drafted      in accordance with the Interim  Constitution

of South Africa, 1993 (Act 200   of 1993), and also contains  a reference to Section
                     147 (1)(d) of that Act.

It is clear that the Eastern Cape  Commissions Act must be amended       to rectify

the references to the interim Constitution  and to remove the gender    insensitive

provisions.

The current Act is not clear  on the method of appointment of    a Commission, its
                     chairperson or secretary. it, therefore, should  be amended to provide for   the

appointment of the Commission, its    chairperson and a secretary by    way of
                     proclamation in the Provincial Gazette.

The provisions of the current Act,  dealing with a Commission's sittings,   is silent

on whether the Commission should sit in public     and on the methodology    of giving
                     notice of sittings and it does not provide for  the prevention of intimidation  and

hindrance of witnesses.

There is no provision for the reporting  by the Commission, the   process after the
                     report is tabled, or the timeframe for  a report

There is no provision for the procedure   to be followed in Commission    hearings or

investigations, the funding, financial  management, or accountability of an
                     appointed Commission and this Bill seeks     to provide for those Issues.

The amendments to the Bill    are technical in nature as they mainly  deal with

procedural issues.

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