Committee secretaries: Marina Griebenow and Jodi-Anne Borien

A. The following Joint Committees have been constituted to date:-

1. Joint Committee on Ethics and Members’ Interests
2. Joint Committee on Intelligence
3. Joint Budget Committee (established by House resolutions – NA on 25 June 2004 and NCOP on 30 June 2004)
4. Joint Committee on Defence**

Note: The establishment of the Joint Committee on Security Services stands over until section 228 of the Interim Constitution is repealed.

5. Joint Monitoring Committee on Improvement of Quality of Life and Status of Women (NA component reduced from 17 to 13 members by House resolution)**
6. Joint Monitoring Committee on Improvement of Quality of Life and Status of Children, Youth and Disabled Persons (NA component reduced from 17 to 13 members by House resolution)**

B. The constitution of the following Joint Committees has not been finalised:-

1. Constitutional Review Committee
   Note: Section 45(1) of the Constitution requires the Joint Rules Committee to make rules and orders to establish a joint committee to review the Constitution at least annually. The Constitution refers to this committee as the constitutional review committee.
   The Joint Rules thus establishes the Constitutional Review Committee (JR 97).
   The problems experienced by the committee in regard to its functioning were contained in its 2003 annual report to Parliament. The relevant pages are attached for reference.
2. Joint Monitoring Committee on Reconstruction and Development
   Note: This committee was also not constituted during the 2^nd Parliament

1. Subcommittee on the Review of Rules
2. Joint ad hoc forum on the Parliamentary Budget
   Note: This Forum prepares the parliamentary budget and effectively replaces the Joint Subcommittee on the Parliamentary Budget

1. Joint Subcommittee on Support for Members
2. Joint Subcommittee on Internal Arrangements
3. Joint Subcommittee on International Relations
4. Joint Subcommittee on Funding of Representative Political Parties

Prepared by National Assembly Table Division

Draft Report of the Joint Constitutional Review Committee dated 18^th February 2004, as follows:

Adv S P Holomisa (Chairperson)

Mr. M J Bhengu (Deputy Chairperson)

A Committee Secretary was assigned to the Committee in February 2003, viz:

• Mr. Ernest Kgopa

The full Committee struggles to constitute a quorum because of its huge membership and composition.

Joint Rule 98(1) stipulates that membership of this Committee should be 69 Members; currently it has 57 Members, including alternates. Both of these figures are unrealistic because with the continuous poor attendance it means that the Committee rarely constitutes a quorum in its meetings, hence the very slow progress in its business.

The composition of the Committee also aggravates the existing problems. Most Members of this Committee belong to the Portfolio Committee on Justice and Constitutional Development, which is often sitting. Other Members are chairpersons of other Committees; three Presiding Officers of Parliament belong to this Committee and so do a number of Ministers and Deputy Ministers.

A number of letters were written to the Rules Committee and the Chief Whips of all the parties. However the problems of this Committee persist.

Another problem is that Members of this Committee are not clear of what it is that they need to do in reviewing the Constitution. Whether each submission should be referred to the relevant Portfolio or Select Committee or Government Department or whether the Committee must take decisions by itself, it is not clear as it is not stipulated in the Joint Rules.

Some Members of this Committee therefore question the existence, of the Committee. However it would seek a constitutional amendment to dissolve it, since the Joint Constitutional Review Committee is established in terms of Section 45 (1) (c) of the Constitution.

As it can be seen from the attendance register some of the Members of the Committee have since passed away, others left Parliament, while yet others changed parties. The vacancies have not been filled.

10. (1) The President, acting on the recommendation of a joint committee of the National Assembly and the National Council of Provinces, may by proclamation in the Gazette make regulations consistent with this Act –

1. about any matter which, in terms of this Act, may or must be prescribed;
2. with a view to determining any purposes which, in the application of section 5(1), are not compatible with the functioning of a political party in a modern democracy;
3. prescribing the information and particulars to be furnished to the Commission by political parties with a view to ensuring proper and effective application and administration of and compliance with this Act;
4. prescribing the procedure according to which and manner in which payments from the Fund are to be made; and
5. prescribing any form that may be required in connection with any matter mentioned in paragraph (c) or (d).