LEGISLATIVE AND NON-LEGISLATIVE PROGRAMME OF THE CHIEF DIRECTORATE: CONSTITUTIONAL DEVELOPMENT AND CHAPTER 9 INSTITUTIONS

(AS AT 27 MAY 2003)

A. DIRECTORATE: CONSTITUTIONAL DEVELOPMENT

1. BILLS FINALISED DURING 2003:

(a) Constitution of the Republic of South Africa Amendment Act, 2003 (Crossing-the-Floor).

(b) Constitution of the Republic of South Africa Second Amendment Act, 2003 (Limpopo and financial crises in municipalities).

2. BILLS PRESENTLY BEFORE PARLIAMENT:

(a) Public Protector Amendment Bill, 2003.

3. BILLS IDENTIFIED FOR SUBMISSION TO CABINET AND PARLIAMENT DURING THE 2003 SESSION OF PARLIAMENT WITH THE VIEW TO THE FINALISATION THEREOF DURING THE 2003 PARLIAMENTARY SESSION:

(a) Constitution of the Republic of South Africa Third Amendment Bill (alteration of provincial boundaries and other possible amendments).

(b) Possible amendments to the legislation regulating the registration and funding of political parties (consequent to the Crossing-the-Floor Legislation).

4. NON-LEGISLATIVE MATTERS TO BE DEALT WITH DURING 2003 WHEN CIRCUMSTANCES PERMIT:

(a) Facilitate the establishment of appropriate mechanisms contemplated in section 41(2) of the Constitution.

(b) Investigate the need for the establishment of a structure to facilitate and manage the implementation of the Constitution.

(c) Establish a uniform procedure for the promotion of constitutional amendments.

(d) Participate in publication of–

(i) updated annotated version of the Constitution; and

(ii) pocket size Constitution in all official languages.

(e) Inform and advise State Departments on decisions of the Constitutional Court affecting their line function activities.

(f) Provide assistance to the Constitutional Review Committee of Parliament.

(g) Advise the Minister, the Department and other State Departments on constitutional matters.

(h) Review, and develop a programme on, the implementation of the Constitution.

(i) Participate in Project 25 (Statute Law) of the South African Law Reform Commission dealing with, inter alia, the constitutionality of legislation.

(j) Facilitate and manage the implementation of the Constitution by identifying outstanding legislation required by the Constitution to be enacted.

(k) Research all laws pertaining to registration and funding of political parties consequent to the "Crossing-the-Floor" Legislation.

(l) Review the Constitution to accommodate new developments.

 

  1. DIRECTORATE: CHAPTER 9 INSTITUTIONS

1. BILLS IDENTIFIED FOR SUBMISSION TO CABINET AND PARLIAMENT DURING THE 2003 SESSION OF PARLIAMENT WITH THE VIEW TO THE FINALISATION THEREOF DURING THE 2003 PARLIAMENTARY SESSION

(a) South African Human Rights Commission Amendment Bill (provides, inter alia, name of the Commission be changed from "Human Rights Commission" to the "South African Human Rights Commission"; and the Commission to be empowered to accept additional funds apart from the money appropriated by Parliament.

2. NON-LEGISLATIVE MATTERS TO BE DEALT WITH DURING 2003

  1. Review and evaluate existing budget and financial arrangements of Chapter 9 Institutions.
  2. Facilitate the establishment of a mechanism to deal with reports of Chapter 9 Institutions.
  3. Facilitate the amendments to the conditions of service of the Public Protector.
  4. Facilitate a workshop on the recommendations of the Ad Hoc Joint Committee on Oversight and Accountability and the Corder Report.
  5. Establish communication channels with Chapter 9 Institutions and State Departments
  6. Facilitate the review of conditions of service of the Commissioners of Chapter 9 Institutions.
  7. Report to Cabinet on the functioning of the State Institutions Supporting Constitutional democracy.