MARINE SPATIAL PLANNING BILL, B9 2017

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Presentation transcript:

MARINE SPATIAL PLANNING BILL, B9 2017 PORTFOLIO COMMITTEE 2018

CLAUSE 10 and 11 DG and Ministerial Committee to make decisions by majority vote rather than consensus If there is a deadlock the DEA DG or Minister has a casting vote, if absent, the DPME alternate would play that role. This text was in the original version of the Bill and emerged as a result of pressure from Departmental Officials in the Ocean Phakisa forum. more practical to allow these committees to operate by consensus, which is a tried and tested method of decision-making at that level and gives full effect to cooperative governance.

CLAUSE 10 and 11 cont. The elevation of Environmental Affairs in the decision making, may result in other departments and sectors perceiving environment as having and unfair advantage and this may negatively impact on their participation in the process.

CLAUSE 10 and 11 current wording 10 (4) At a meeting of the Directors-General Committee, at least five of the members referred to in subsection (1) constitute a quorum. (5) A decision of the majority of the members present at any meeting constitutes a decision of the Directors-General Committee, and in the event of an equality of votes, the Director General must have a deciding vote in addition to his or her deliberative vote 11 (4) At a meeting of the Ministerial Committee, at least five of the members referred to in subsection (1) constitute a quorum. (5) A decision of the majority of the members present at any meeting constitutes a decision of the Ministerial Committee, and in the event of an equality of votes, the Minister must have a deciding vote in addition to his or her deliberative vote

CLAUSE 10 and 11 proposed wording 10 (4) A decision of the Directors-General Committee, must be made by consensus, and where no consensus is reached, all the proposed options must be presented to the Ministerial Committee for a final decision. 11 (4) The final decision made by the Ministerial Committee in terms of this Act must be made by consensus. Propose deletion of sub clause (5) in both 10 and 11

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