(Prepared by K Hahndiek, 2 June 2004, and amended on 6 July 2004)

1. The Joint Monitoring Committees (JMC’s) are established by the Joint Rules (Rules 128-32 and Rules 132A-132E: Attached).
2. The Joint Rules also cover the composition of the JMC’s, their chairpersons, their functions (or mandates) and how decisions are taken:
3. Composition
1. Each JMC consists of 17 Assembly members and 9 Council members. These do not constitute separate House components.
2. The number of NA members has been reduced to 13 by House resolution "until further notice" (NA 26/5/04; NCOP 2/6/04).
4. Chairpersons
1. The Rules provide in respect of both JMC’s that the JMC must elect one of its members from the one House as its Chairperson and another of its members from the other House as its deputy chairperson.
2. In this respect they differ from many other joint committees which specifically consist of a House component from each House, with each component electing a chairperson and the two chairpersons then co-chairing the joint committee.
3. Nevertheless, if it is considered desirable, the Rules could be amended to provide for co-chairpersons, one from each House.
5. Decisions
1. Decisions are not taken by House components, but a question is decided "when there is agreement among the majority of the members" of the Joint Committee.
2. It should be noted, therefore, that NCOP members, while presumably representative of the 9 provinces, do not specifically vote on behalf of their provinces or based on provincial mandates. However, they are not appointed as party representatives either.
6. Mandates

6A. JMC on Improvement of Quality of Life and Status of Women

1. The focus of this JMC is exclusively on women.

(2) (a) The JMC is required to "monitor and evaluate progress with regard to the improvement in the quality of life and status of women in South Africa."

2. This is to be done "with specific reference to the Government’s commitments" to relevant international instruments.
3. The JMC is empowered to make recommendations to both or either of the Houses, or any joint or House committee, on any matter within its functions as described in the Rules.
4. The JMC may also be required to perform any other, related tasks specifically assigned to it by resolution of both Houses.

1. Comment
1. It should be noted that the JMC’s monitoring role is specifically related to "Government’s commitments".
2. Further, the JMC as a forum of national Parliament would be expected to focus its role on the national sphere of government (in accordance with the principles of co-operative government and intergovernmental relations – Constitution, Chapter 3).
3. It has been suggested that the provincial legislatures should establish similar committees to monitor compliance at the provincial level. If they do so, the JMC could meaningfully interact with the provincial committees in order to obtain holistic perspectives.
4. The JMC’s mandate is specific and multi-sectoral covering all national departments and organs of state. Hence its empowerment to make recommendations directly to other NA, NCOP or Joint Committees when considered necessary in carrying out its mandate.
5. Government’s international commitments in this area can be expected to translate into bills that are brought before Parliament. The bills may respond to particular commitments directly or indirectly. The JMC should therefore scan all bills for impact on the quality of life and status of women. As the JMC does not have a direct role to play in the passage of bills, it would engage with the relevant committees on any issues of concern in a bill.
6. Similarly the JMC could at its own initiative scan departmental reports and other papers that are tabled.
7. In monitoring progress, it would also engage with departments on the implementation of relevant provisions when bills are enacted.
8. As a basis for carrying out its role, the JMC would maintain a comprehensive register of international commitments entered into by Government, and would inform itself of the substance of those commitments. (Such a register has been kept).
9. In exercising its functions, the JMC could be expected to engage on a regular basis with the relevant Office in the Presidency and the Commission on Gender Equality, which are both (although from different perspectives) tasked with the improvement of the quality of life and status of women; also and specifically at the national level.

1. This JMC, unlike the JMC on Women, covers three more or less separate categories of persons in society. Accordingly, it would need to structure its functioning to ensure that it gives sufficient attention to each.
2. This factor may require it to consider appointing one or more subcommittees. For it to do so, it would need to seek authorization from the Joint Rules Committee or by way of House resolutions (see Joint Rule 16).
3. If it were to consider the use of subcommittees, it would probably not be advisable to reduce the size of the parent JMC (as has been done in the interim in respect of the JMC on Women). However, the parent JMC would accordingly meet less frequently, ie when reports from the subcommittees to it are considered.
4. The mandate of this JMC is in essence similar to that of the JMC on Women with the necessary adjustment of emphasis relating to subject areas. In the Joint Rule (JR 132D) on this JMC, the mandate however also specifically refers to monitoring "with special reference to….. (the Government’s) duties and responsibilities in respect of any applicable legislation", which although not included in the mandate of the JMC on Women is implicit also to its mandate.
5. The JMC may also be required to perform any other, related task specifically assigned to it by resolution of both Houses (e.g making recommendations for the appointment of persons to the National Youth Commission)
6. Comments

The comments on the mandate and functioning of the JMC on Women therefore apply equally to the JMC on Children, Youth and Disabled Persons.

7. This JMC could be expected to engage regularly with the relevant Office in the Presidency and the National Youth Commission.
8. This JMC has also specifically recommended that provincial legislatures should set up similar committees, inter alia "to facilitate the effective participation of members of the NCOP for reporting purposes in their provinces".

1. Joint status of JMC’s, and scheduling considerations

7A. Joint status

1. It is useful for these committees to be joint structures as this provides an effective mechanism for NCOP members to raise provincial interests and concerns in the national sphere of government. Practical issues relating to the quality of life and status of these categories of persons are often experienced directly at community or provincial level.
2. However, in line with the Constitutional framework, national Parliament and its committees should nevertheless focus primarily on national trends and implementation of Government’s commitments at the national level.

7B. Scheduling

1. The experience has been that the JMC’s, by virtue of them being joint structures, have great difficulty in scheduling meetings that accommodate the activities and programmes of both Houses.
2. Even just in the NA context, it is difficult to schedule such meetings because the JMC by its nature overlaps with all portfolio committees and cannot easily be accommodated in any of the groups of committees as identified for scheduling purposes.
3. Furthermore, the JMC’s (or any substructures) need to be able to meet at fairly short notice if, in scanning bills, they identify issues of concern to them on which the wish to make recommendations to relevant portfolio or select committees before those committees finalise their consideration of such bills.

7C. Proposals for consideration

1. In an attempt to address some of the identified difficulties in order to assist these important monitoring functions to be performed as effectively as possible, consideration could be given to the following options:

1. For purposes of scheduling meetings of the JMC’s, consider giving priority slots to them on certain days and at certain times in the context of the programmes of the respective Houses (This would have to be done in consultation by the office-bearers of the two Houses responsible for co-ordinating the scheduling of committee meetings).
2. In addition, these structures could be given special permission to meet selectively during House sittings depending on issues before the House as programmed.
3. When designating members to serve on the JMC’s, parties should take cognisance of the nature and scope of the work of the JMC’s and should therefore, as far as possible, assist in ensuring that the members appointed to these structures have a specific interest in the subject area and are able to devote adequate time to this activity.

1. Reporting
1. Reporting requirements of the JMC’s are the same as those of other joint committees and are detailed in Joint Rule 31 (attached).
2. In summary, they are required to report to the House on any decisions taken relevant to their mandate (except decisions concerning their internal business); and they are also required to report on their activities at least once per year.

 

3. When a JMC takes a decision to make recommendations to another committee in accordance with its mandate (e.g. on provisions in a bill), it could at the same time for general information report accordingly to both Houses.

9. Specialised support

1. Apart from procedural and general administrative support, the JMC’s preferably each require a full-time subject specialist who would –

• maintain a register of relevant international commitments
• advise on the substance and nature of such commitments.
• scan bills and tabled papers to alert the JMC to issues requiring consideration
• maintain a data base of academics, NGO’s and other interested groups which could provide a resource base
• draft reports and recommendations

1. The services of researchers could still be used to undertake specific research projects as may be required from time to time.