Task Team on Oversight & Accountability: Focus Group on Committees

Draft Terms of Reference

Draft Terms of Reference

Developing a best-practice guide for Parliamentary Oversight with respect to Parliamentary Committees

1 Background

At the beginning of 1999, Parliament commissioned research on Parliament's oversight functions. The research focus was particularly to:

• Identify areas in which Parliament is required to exercise oversight;
• Assess existing Parliamentary mechanisms and procedures to hold the
• Executive accountable; and
• Make recommendations to improve the efficiency and effectiveness of Parliamentary oversight.

The research report was tabled in July 1999. The Joint Rules Committee of Parliament established an ad hoc Joint Sub-Committee on Oversight and Accountability to consider the report and to make recommendations to the Joint Rules Committee on pursuing the implementation of the oversight and accountability functions of Parliament. The Joint Sub-Committee presented its final report on 03 September 2002.

In March 2003, The Joint Rules Committee approved the recommendations contained in the report of the Joint Sub-Committee and requested that an implementation plan be developed. The implementation plan, which was adopted by the Joint Rules Committee in August 2003, proposed the establishment of a Task Team to drive the implementation process. The composition of the Task Team was approved after consultation with political parties.

At its first meeting on 17 November 2004, the Task Team established three focus groups:

• Focus Group on Committees
• Focus Group on Budget Processes
• Focus Group on Projects

2. Mandate of the Focus Group on Committees

The Focus Group was mandated to:

• Draft best practice guide in respect of oversight practices of Committee
• Draft guidelines on joint planning and protocols for structured communication between NA and NCOP Committees

• Make recommendations for capacity development of Committees
• Recommend appropriate record-keeping systems and monitoring mechanisms in the Committee Section

The aim of this project is to commission research towards the development of a best practice guide for Parliamentary Committees in respect of their oversight functions.

4. Objectives

It is envisaged that the project will:

• Conduct a literature survey and analysis.
• Document and analyse current best-practice examples of oversight amongst Committees in the National Assembly and the National Council of Provinces.
• Survey and analyse international best-practice examples of Parliamentary oversight conducted by Committees in selected other Parliaments.
• Conduct interviews with relevant role-players internal and external to Parliament.
• Propose a best-practice model for Parliamentary oversight by Committees.

5. Required Expertise

A team or individual with expertise and experience in research and Parliamentary practice.

6. Deliverables

The following deliverables are envisaged:

• A detailed research proposal and project plan.
• An itemised budget.

• Research report on national and international best-practice examples of Parliamentary oversight conducted by Parliamentary Committees.

• Proposals on a best-practice model for Parliamentary Oversight for the South African Parliament.
• A draft best-practice guide for Parliamentary oversight by Parliamentary Committees.
• Presentations to the Focus Group as required.

The research findings will benefit:

• Members and Committees of Parliament.
• Civil society organizations.
• Staff of Parliament supporting Parliamentary Committees.
• Government Ministries and Departments.

8. Monitoring and Reporting

Progress reports at agreed timeframes and the final research report will be submitted to the Convener: Focus Group on Committees, Parliament of South Africa and copied to the Manager: Information Services Section.

9. Timeframes

The duration of the project is one and a half months.

7. Communication

Contact person:

Manager: Information Services Section

INTRODUCTION

This budget is proposed for the following broad areas of the work of the Focus Group:

• General management and administration of the work of the focus group. The budget caters for employment of additional resources that will support on a dedicated basis the focus group and its co-Chairpersons:
• To carry out the tasks that are assigned within agreed timeframes;
• To monitor implementation of decisions; and
• To generate reports and minutes of meetings
• Specific projects based on the identified issues which form the mandate of the focus group

• Civil society involvement in the work of the Focus Group

A. GENERAL MANAGEMENT AND ADMINISTRATION OF THE FOCUS GROIIP-

R556,000

The following support needs have been identified:-

1Personnel dedicated to the work of the focus group;

2.Working facilities for this identified support staff; and

3.Operational budget

The following support staff is proposed:-

A1.1 Co-ordinator: R172,800

The Co-ordinator will:

• co-ordinate all the work of the focus group:
• manage the projects;
• ensure that all administrative work has been carried out;
• ensure that all the decisions of the focus group and those of its sub- teams or assigned individuals are implemented.

This support will be fulltime, employed on a contract of six months renewable monthly thereafter, for a maximum period of 12 months.

Cost:- R172,800 - This is based on the going rate for employing a consultant @ R90-00 per hour

A1.2 Secretary: R60.000

All meetings of the focus group should be properly minuted. The reports due should be drafted and submitted timeously. A dedicated Secretary is essential. As there is no available resource internally to provide this full-time support, somebody from outside will have to be employed on contract for six months renewable monthly, if needed.

Cost:- R60,000 (6 months)-R120,000 (12 months). This is also based on generally applicable rates

A1.3 Researcher :R135,000

In order for the focus group to carry out its task, it will require services of a dedicated Researcher e.g. the best practice guide will require that research be undertaken through literature survey (documents relating to this area) interviewing relevant persons or groups of persons, internet search, etc. Internal resources are already overstretched and cannot therefore provide this service on a dedicated basis within a very tight timeframe. A provision will also be made for each project to commission research when such a need is identified.

Cost:- R135,000 - based on the basic salary of a Parliamentary Researcher

A2. WORKING FACILITIES:- R45,000

Workstations will be provided @ R15,000 per workstation, included is a desktop computer and accessories.

A3. OPERATIONAL BUDGET: R143,200

This will include telephone costs, stationery, printing of documents and catering.

Telephone: 2 lines @ R1,500 x 6 months = R18,000

Stationery : estimate R100,000 to reproduce documents for discussions, drafting and publication of minutes and reports.

Catering : Maximum 20 people @ R40.00 per person per meeting X ± 24 meetings = R19,200

B. PROJECTS OF THE FOCUS GROUP : R1.1000.000

B1. DEVELOPMENT OF THE BEST PRACTICE GUIDE: R200,000

ACTIVITIES, among others,:

• Research on internal reference works;
• Research on external reference works: etc
• Drafting and publication of report and proposals

One research project will be commissioned at R200,000

B2. DEVELOPING OF JOINT PLANNING FRAMEWORK AND PROTOCOL:- R200,000

Research may also be commissioned, over and above that which can be provided by the full-time Researcher @ R200,000 including drafting and presentation of proposals.

B3. DEVELOPMENT OF CAPACITY OF COMMITTEES:- R300,000

B3.1 Capacity of Members of Committees: R200,000

ACTIVITIES, among others, will include:

• Needs analysis will be undertaken through surveys and interviews;
• Literature review;
• Database development of training providers;
• Drafting and publication of a capacity development programme for each Committee

This will be commissioned @ a cost of R200.000 based on applicable rates for commissioned research.

B3.2 Capacity of support to Committees: - R100.000

B3.2.1 Restructuring: R100,000

Proposals have been made and approved in-principle pending workstudy to refine the proposed structure @ a cost of ±R 100,000

B4.1 - Locate record-keeping for Committees and tracking of documents within the Master Systems' Plan;

• Review efficiency and identify gaps;
• Research best practice: and
• Submit report on needs and a proposed system (project proposal)

(R200.000)

B4.2 - Review systems to monitor implementation of recommendations of the

Houses;

• Research best practice;
• Draft proposals to effect improvements and efficiency. (R200.000)

C. CIVIL SOCIETY INVOLVEMENT IN THE WORK OF THE FOCUS GROUP : R344 000

C1. AIR/GROUND TRAVEL EXPENSES: R200,000

• Flights or ground travel to facilitate the attendance of meetings in Parliament

C2. ACCOMMODATION EXPENSES: R144,000

• Accommodation in Cape Town to facilitate the attendance of meetings at Parliament

TOTAL PROPOSED BUDGET: A+B+C is R2,000,000

1. Introduction

This Report is intended to provide a brief progress report of the work of the Focus Group on Committees (Focus Group). The report will address the following aspects:

a) Management of the Focus Group

b) Mandate of the Focus Group and Expected Outcomes

c) Programme and Work-plan

d) Budget

e) Research Projects

2. Progress to Date

2.1. Management of the Focus Group

The Focus Group held first meeting on 3 February 2005. The main purpose of the meeting was for Members of the Focus Group to a shared understanding of the roles and functions of the Focus Group, and to develop a Work-plan and a Budget. The meeting deliberated on the mandate, Draft Programme and Work-plan, Draft Budget and expected outcomes of the Focus Group (Annex 1: Minutes of the Focus Group Meeting on 03 February 2005).

The meeting resolved that the Focus Group should meet once a week.

It also resolved that the various Reports of the Focus Group would be submitted to the Task Team on Oversight and Accountability as soon as they had been accepted by the Focus Group.

The meeting agreed that the level of support by the internal administrative and research staff would be limited and that contracted staff would do the bulk of the work of the Focus Group.

A co-ordinator, researcher and secretary would be employed on temporary contracts for the duration of the Focus Group.

2.2. Mandate of the Focus Group and Expected Outcomes

The Focus Group agreed on the following mandate:

a) Draft best practice guide in respect of oversight practices of Committees

b) Drat guidelines on joint planning and protocols for structured communication between NA and NCOP

c) Make recommendations on capacity building of Committees

d) Recommend appropriate record keeping systems and monitoring mechanisms in the Committee section

The main outcome for the Focus Group is to develop a set of recommendations focusing of the role and functioning of Committees in the Oversight responsibilities of Parliament, to be adopted by the Joint Rules Committee for implementation.

2.3. Programme and Work-plan

The meeting, after discussions, endorsed the Draft Programme and Work-Plan (Annex 2: Draft Programme and Work-plan).

2.4. Budget Proposal

The meeting accepted a Draft Budget Proposal of R2 million (Annex 3: Draft Budget Proposal). The budget makes provision for:

a) The general management and administration of the Focus Group by a Co-ordinator,

b) Research support by a dedicated Researcher,

c) Administrative support by a Secretary,

d) Operational costs

e) Projects of the Focus Group (Commissioned Research)

f) Civil society involvement in the work of the Focus Group

2.5. Research Projects

The Focus Group agreed on the following Research Projects:

a) Best Practice Guide on Oversight and Accountability

b) Joint Planning Framework and Protocol between the NA and NCOP

c) Capacity building for Committees

d) Record keeping systems, tracking and monitoring mechanisms

2.6. Progress made on the Research Projects

Draft terms of reference have been developed with respect to the following Research Projects:

a) Best Practice Guide on Oversight and Accountability

b) Joint Planning Framework and Protocol between the NA and NCOP

Task Team on Oversight & Accountability

Drafting guidelines on joint planning and protocols for structured communication between National Assembly and National Council of Provinces Committees

09 February 2005

At the beginning of 1999, Parliament commissioned research on Parliament's oversight functions. The research focus was particularly to:

• Identify areas in which Parliament is required to exercise oversight;
• Assess existing Parliamentary mechanisms and procedures to hold the Executive accountable; and

• Make recommendations to improve the efficiency and effectiveness of Parliamentary oversight.

The research report was tabled in July 1999. The Joint Rules Committee of Parliament established an ad hoc Joint Sub-Committee on Oversight and Accountability to consider the report and to make recommendations to the Joint Rules Committee on pursuing the implementation of the oversight and accountability functions of Parliament. The Joint Sub-Committee presented its final report on 03 September 2002.

In March 2003, The Joint Rules Committee approved the recommendations contained in the report of the Joint Sub-Committee and requested that an implementation plan be developed. The implementation plan, which was adopted by the Joint Rules Committee in August 2003, proposed the establishment of a Task Team' to drive the implementation process. The composition of the Task Team was approved after consultation with political parties.

At its first meeting on 17 November 2004, the Task Team established three focus groups:

• Focus Group on Committees
• Focus Group on Budget Processes
• Focus Group on Projects

2. Mandate of the Focus Group on Committees

The Focus Group was mandated to:

• Draft best practice guide in respect of oversight practices of Committees
• Draft guidelines on Joint planning and protocols for structured communication between NA and NCOP Committees
• Make recommendations for capacity development of Committees
• Recommend appropriate record-keeping systems and monitoring mechanisms in the Committee Section

3. Aim

The aim of this project is to commission research towards;

> Drafting guidelines on Joint planning and protocols for structured communication between the National Assembly and the National Council of Provinces Committees;

1 4. Objectives

It is envisaged that the project will:

• Conduct a literature survey and analysis.
• Document and analyse current best-practice examples on what communication protocols are observed and how Joint planning is conducted amongst Committees in the National Assembly and the National Council of Provinces.

• Conduct comparative international best-practice examples of Parliamentary protocols observed by Committees in selected other Parliaments, which operate within a similar environment and carry similar constitutional mandates to the South African Parliament.

• Conduct interviews with relevant role-players internal and external to Parliament.
• Propose a best-practice model for communication protocols for Parliamentary Committees.

• Propose an effective communication mechanism between the committees of both Houses and also with provincial structures.
• Propose a best-practice model and mechanism for Joint planning amongst Parliamentary Committees.

5. Required Expertise

A team or individual with expertise and experience in research and Parliamentary

6. Deliverables

• A detailed research proposal and project plan.
• An Itemised budget.
• Research report on national and international best-practice examples of communication protocols and mechanisms and joint planning models observed by Parliamentary Committees.

• Proposals on a best-practice model for communication protocols for the Committees of the South African Parliament.
• A draft best-practice guide for joint planning amongst the Committees of the two houses and also with provincial structures.
• Presentations to the Focus Group as required.

7. Beneficiaries

The research findings will benefit:

• Members and Committees of Parliament.
• Civil society organizations.
• Staff of Parliament supporting Parliamentary Committees.
• Government Ministries and Departments.

8. Monitoring and Reporting

Progress reports at agreed timeframes and the final research report will be submitted to the Convenor: Focus Group on Committees, Parliament and copied to the Division Manager: Legislation and Oversight.

The duration of the project is two and a half months.

Contact person: Division Manager: Legislation and Oversight