OVERSIGHT AND ACCOUNTABILITY: PRESENTATION February 2005

Nkosinathi Phiwayinkosi Nhleko

House Chair: Oversight and Accountability 1

OVERSIGHT ANDACCOUNTABILITY:

PRESENTATION

February 2005



Progress to date

This presentation covers:

Source material5

Critical support factors4

Implementing mechanism2

Immediate tasks ahead3

1



1. PROGRESSTO DATE



At the beginning of 1999, Parliament commissioned research into its Oversight and Accountability function. Consultants under the leadership of Prof. H. Corder prepared a report entitled Report on Parliamentary Oversight and Accountability (known as the Corder report).

Progress to date …



In July 1999, an Ad hoc Joint Sub-Committee on Oversight and Accountability was constituted to consider proposals in the Corder report and make specific recommendations to the Joint Rules Committee.




In March 2003, the Joint Rules Committee approved the recommendations by the Ad hoc Joint Sub-Committee on Oversight and Accountability, under the following headings: Developing an understanding of oversight Co-ordination between the NA and NCOP Building Parliament’s Oversight Capacity Institutions Support Democracy Developing an Institutional Memory Fine tuning and development of Oversight

Mechanisms Introducing Oversight Mechanisms:

Accountability Standards Act (specific recommendation still to be finalised)




The Ad hoc Joint Sub-Committee develop an implementation mechanism through focus groups – projects, committees and budget.

In August 2004, the Joint Rules Committee resolved that Mr. T. Setona (Chairperson of Committees in the NCOP) and Mr. N. Nhleko (House Chairperson in the NA) set up a Task Team on Oversight and Accountability.




The composition of the Task Team on Oversight was approved after consultation with political parties at its first meeting held on 17 November 2004.




A workshop held on 28 January 2005 considered the recommendations of the Ad hoc Joint Subcommittee on Oversight and Accountability and confirmed the composition of the focus groups, established a steering committee and concluded that an implementation programme with resources be developed and implemented.




2. IMPLEMENTINGMECHANISM



FOCUS GROUP

PRESIDING OFFICERS CO-CHAIRPERSONS

Report to Presiding Officer every second week

Implementing Mechanism …

STEERING COMMITTEE

OVERSIGHT AND ACCOUNTABILITY TASK TEAM

PROJECTS COMMITTEES BUDGETS



Role of Focus Groups To develop a strategic plan and programme with clear

deliverables and timeframes to cover the content area of the focus groups.

To deliver in accordance with the plan and programme within an integrated planning framework.

To develop a resource plan and budget by 28 February 2005 and implement accordingly.

To compile written reports on progress of the focus groups against strategic plan deliverables

To consider reports from the Steering Committee and, where appropriate, integrate the recommendations into the work of the focus groups.

To convene weekly to pursue programmes and objectives.




Role:

Develop and drive the overall programme of the task team Develop synergies, address gaps and overlaps in content and

planning Overall planning and co-ordination Ensure adequate support and resources for effective delivery Receive and consider reports from Focus groups Prepare reports to the Speaker and Joint Rules Committee Develop and implement a communication and education

strategy to support the work of the Oversight and Accountability task team

Comprises: Team leaders of each focus group, House Chairpersons Secretary to ParliamentConvene: Every two weeks

Support (still to be finalized) – coordination, legal, research, communication and secretarial/ administration

Steering Committee




Focus Group: Projects

Focus:

Constitutional Landscaping – legal, historical and philosophical aspects, interviews with role players, co-ordination of NA and NCOP, oversight in respect of all tiers of government, relation with judiciary)

Audit of public-funded bodies

Chapter Nine Institutions

Review of Rules

Members:

Team Leader: Mr. N.P Nhleko (?)

National Assembly: Mr. J H van der Merwe Mr. D H M Gibson Ms. S V Kalyan Mr. A Harding Adv. Z L Madasa Mr. A Nel Ms. F I Chohan-Khota (co-opted) Mr. T M Masutha (co-opted) Mr. G T Madikiza Dr. C P Mulder (co-opted)

NCOP: Mr. B J Mkhaliphi Mr. K Sinclair

SupportCoordination: K Hahndiek, P Leboko and K MansuraLegal: F. Jenkins, Z Adhikari Research: (?)Secretarial/ Admin: R Mohlomi and N Quvana




Focus Group: Committees

Focus:

Best Practice Guide in respect of: Joint planning and protocols for

structured communication between the NA and NCOP (including oversight function in plenary)

Capacity development of Committee

Record-keeping systems and monitoring mechanisms in Committee Section

Members:

Team Leader: Mr. G.Q. Doidge

National Assembly: Mr. T M Goniwe Mr. Y I Carrim Ms. C S Botha Mr. M J Ellis Mrs. S A Seaton

NCOP: Mr. T S Setona Ms. M N Oliphant

Support (still to be finalized)Coordination: Legal: Research: Secretarial/ Admin:




Focus Group: BudgetFocus:

Research and develop draft policy on procedure for amendment of money bills before Parliament (Sec 77(3) of Constitution)

Draft proposed legislation

Members:

Team Leader: Mr N. Nene

National Assembly: Mr. A Watson Dr. P J Rabie (co-opted) Ms. B A Hogan (co-opted) Dr. R H Davies (co-opted)

NCOP: Mr. V V Z Windvogel Kgoshi M L Mokoena (co-opted) Mr. M J Mahlangu (co-opted)

Support (still to be finalized)Coordination: Legal: Research: Secretarial/ Admin:




3. IMMEDIATE TASKS AHEAD

The projected date of completion is end 30 June 2005. Team Leaders are to deliver the following to the Co-chairpersons of the Task Team:

A strategic plan (to include immediate resource issues, i.e. administration and research capacity) and programme with clear deliverables and timeframes to cover the content areas is submitted by Monday 16 February 2005.

A resource plan and budget is submitted by 28 February 2005.



4. CRITICAL SUPPORT FACTORS

In order for this Task Team to succeed in its mandate the following becomes pertinent: The swiftness of decision making and

implementation within the Parliamentary structure

The quality of its administrative backup The quality of its research and legal capacity



5. SOURCE MATERIALThe source materials listed below are essential for understanding the

context and content of the Oversight and Accountability debate and decisions: Report on Parliamentary Oversight and Accountability

prepared by Prof. H Corder, Ms S. Jagwanath and Mr. R Soltau Final Report of the Ad hoc Joint Sub-Committee on Oversight

and Accountability. Parliament Cape Town (3 September 2002)

Tablings: Recommendations of the Joint Ad Hoc Sub-Committee on Oversight and Accountability in Announcements, Tablings and Committee Reports 10 - 2004

Guideline for Legislative Oversight through Annual Reports, National Treasury 26 January 2005

Vision and Mission statement of Parliament ‘Landscaping’ presentation by Parliament’s Legal Department

to workshop 28 January 2005 Oversight and Accountability Presentation by Mr. Nkleko to

workshop 28 January 2005

Documents

OVERSIGHT AND ACCOUNTABILITY: PRESENTATION February 2005