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Extract of key recommendations to improve oversight mechanisms for Parliament, including reports from institutions, new institutional mechanisms, joint oversight committee, and accountability frameworks. Recommendations cover various aspects of parliamentary processes and mechanisms.
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PRESENTATION TO JOINT RULES COMMITTEE ON THE OVERSIGHT AND ACCOUNTABILITY MODEL 19 MARCH 2008
OVERSIGHT AND ACCOUNTABILITY MODEL • Extract of recommendations from Oversight and Accountability Model for consideration by Joint Rules Committee. • Recommendations taken from Chapters 3, 4, 5 and 9.
ACTIVITIES AND REPORTS FROM INSTITUTIONS SUPPORTING CONSTITUTIONAL DEMOCRACY TO ENHANCE PARLIAMENT’S OVERSIGHT FUNCTION • Parliament should develop clear mechanisms to enable the so-called Chapter 9 institutions to report on their activities and the performance of their functions (p17). • Parliament should establish processes that allow these reports to be referred to committees for consideration, oversight and reporting back to the Houses (p17).
ORGANS OF STATE • The performance of other public bodies and institutions should be included in reports to Parliament by organs of state (p20).
NEW MECHANISMS – INSTITUTIONAL MECHANISMS • Notwithstanding the existing rules on conferral, it is proposed that the rules be amended to allow committees of a House that are clustered for oversight and other legislative work to report jointly on transversal matters (p21).
NEW MECHANISMS – INSTITUTIONAL MECHANISMS (CONTD) • The rules should be amended to facilitate the referral of matters arising from reports of international bodies to which Parliament is affiliated to committees for consideration and the Houses for debate (p21). • Sectoral bodies such as the Women’s Parliament, etc should be recognised in the rules and their recommendations should be considered by the relevant committees and by Parliament (p21).
NEW MECHANISMS – INSTITUTIONAL MECHANISMS (CONTD) 4. Mechanisms need to be established to facilitate the processing, referral and guidance in regard to petitions, representations and submissions (p22). 5. The NA rules should be amended to accommodate sub-plenary sessions of the House and that issues arising from these sessions be tabled in the House for consideration (p22).
NEW MECHANISMS – INSTITUTIONAL MECHANISMS (CONTD) 6. Consideration should be given to the development of mediums for deliberation on broader and complex issues in traditional South African channels, including Lekgotleng, Inkundleni and Bosberaad (p22).
JOINT PARLIAMENTARY OVERSIGHT AND GOVERNMENT ASSURANCE COMMITTEE 1. The rules should be amended to establish a Joint Parliamentary Oversight and Government Assurance Committee (Secretarial support to be provided by the Table staff of both Houses (p22)).
TREATIES, CONVENTIONS AND PROTOCOLS • Parliament should be proactive in the negotiations relating to international agreements before they are signed (p23). • A mechanism needs to be created to oversee compliance with international agreements (p23). • The rules should be amended to enable the presentation of reports to Parliament by the Executive prior to presentation to international bodies to enable Parliament to assess compliance aspects in the reports (p23).
OVERSIGHT ADVISORY SECTION • It is recommended that an Oversight Advisory Section be speedily established to provide advice, technical support and co-ordination, and for the tracking and monitoring of issues arising from accountability and oversight activities of Members of Parliament and committees (p23).
RESERVE BANK • It is recommended that the Reserve Bank Act, 1989, be reviewed for purposes of aligning the Act with the Constitution in order that Parliament may exercise oversight over it (p24).
APPOINTMENTS TO ISDs AND OTHER SPECIALISED INSTITUTIONS • It is recommended that an ad hoc committee be established to receive a presentation on the Audit of Statutes and to make recommendations to the Presiding Officers (p25).
NON-COMPLIANCE BY THE EXECUTIVE • It is recommended that the rules be amended to improve mechanisms that would ensure reporting on responses by the Executive to resolutions adopted by Parliament (p25).
MAXIMISING CURRENT MECHANISMS - REPORTING BY COMMITTEES TO THE HOUSES • It is recommended that a system for tracking House resolutions be instituted until the matter has been dealt with or an adequate response has been received (p26). • It is further recommended that the current system be improved (p26).
DEBATES INITIATED BY PRESIDING OFFICERS • It is recommended that the rules be amended to enable the Speaker and the Chairperson of the NCOP to initiate debates in the Houses (p26).
DEVELOPING SPECIALISATION FOR CERTAIN COMMITTEES • It is strongly recommended that Parliament prioritise the development of criteria to identify which committees qualify for strengthened resourcing, capacity and development based on the broadness of their mandates (p27).
ACCOUNTABILITY AND OVERSIGHT IN RELATION TO THE EXECUTIVE • It is recommended that the rules which determine a timeframe for when the Executive should respond to a question for oral reply should be amended to 21 days (p27).
INTERVENTIONS BY INDIVIDUAL MEMBERS • It is recommended that Ministries develop guidelines on the interaction between Members of Parliament and Ministers on issues of public concern (p28).
GENERAL RECOMMENDATIONS • Parliament should amend its current rules to accommodate new and old mechanisms as proposed in the model to enhance its oversight role (p28). • It is recommended that the Joint Rules be amended to replace “Disabled Persons” with “Persons with Disabilities” (p29).
PROCEDURE FOR AMENDING MONEY BILLS • The bill in its draft format must be tabled in Parliament and referred to the relevant committee, following the normal parliamentary process (p29).
REVIEW OF THE RULES • It is recommended that a review of rules be conducted subsequent to the adoption of the model (p35).
CONCLUSION (p36) • The immediate need to increase research capacity of committees. • The implementation of systems to capture and manage information within committees. • The development of a public participation model. • The establishment of an Oversight Advisory Section.
CONCLUSION (CONTD) • Continuous capacity development of MPs and staff supporting committees. • Offices of MPs to be given additional human resources and upgraded technology. • Staff to be trained in line with best practice guide. • Adoption of procedure for Executive compliance.
CONCLUSION (CONTD) • Dedicated committee rooms for committees. • The development of legislation in relation to oversight which will include other committees currently regulated by the rules.
