JRC Secretariat

• Welcome & brief comments: Mr NP Nhleko and Mr TS Setona
• Presentation on ad hoc Report: Ms F Chohan-Kota
• Theoretical Framework of Oversight (Landscape Document): Mr F Jenkins
• Towards a common understanding of Oversight: Mr NP Nhleko
• Discussion
• Towards a common framework: Facilitated by Ms L Maart
• Role of focus groups: Facilitated by Ms L Maart

Proceedings for the day commenced with presentations, followed by a facilitated session capturing inputs, comments, suggestions and the acceptance of a way forward In order to contextualise the discussion towards a common understanding of Oversight, it is for reference purposes that a brief synopsis of the presentation inputs are captured. (The presentation reports have been availed to all delegates for further scrutiny)

1 WELCOME AND BRIEF COMMENTS

The purpose of the workshop was to attempt to define and reach a common understanding of Oversight as well as to identify what constitutes the Oversight function. In attempting to define oversight, we should identify the tools and resources at our disposal, such as committees, constituency work and other relevant structures. Therefore, of significant importance would be to characterise the elements that constitute oversight.

2.PRESENTATION OF AD HOC COMMITTEE REPORT

The ad hoc Joint Sub-Committee was tasked with the responsibility of considering the Corder Report and to make recommendations to the Joint Rules Committee on its findings. The ad hoc Committee had to consider the Corder Report, which was crucial in understanding the recommendations proposed by the ad hoc Committee.

The recommendations in the Corder Report did not apply equally to both Houses even though it was tasked with dealing with both Houses. The formulation of a landscape document is not intended for academic purposes, but it is necessary to give a practical dimension. A need exists for a co-operative ethic between the two Houses, as well as a structured system of communication between the Houses and between Committees. Guidelines are needed for consultation between committees, but it is important that committees remain autonomous. As the Corder Report did not deal with all the constitutional provisions that addressed the Oversight capacity of Parliament, it is necessary to develop an understanding of the entire Oversight concept. A need exists to get a sense of the-oversight architecture overall. There is not an oversight convention to fall back on. Oversight is not a pure science, but an art, depending on a particular time or personalities etc.

The need exists for record keeping systems, tracking mechanisms as well as administrative systems that need to be put in place. The need exists for more dynamic interplay between the arms of government. As all the recommendations will not be attained immediately, the) should be reviewed regularly. The ad hoc Committee disagreed with the proposal of the Corder Report with respect to Institutions Supporting Democracy (ISD's) partly because the consultative process was limited to Chapter Nine institutions when dealing with this matter.

The ad-hoc-committee did not support a super-committee on ISD's as proposed in the Corder Report. Parliament is mainly a super-charged political environment, whereas ISD's should be above politics and it is not appropriate then for ISD's to lobby Parliament and parties. The Task Team is to decide on how to engage Institutions Supporting Democracy.

Parliament is to oversee functions, not functionaries (a private company could be assigned public function). Oversight is not a pure science but an art, depending on a particular time, personalities etc. Parliaments institutional memory is lost when Members, who have gained expertise move on. Therefore, it is of significant importance that the committees should compile a Best Practices Guide to aid in retaining some of the Institutional Memory.

Oversight mechanisms need to be developed and fine-tuned. The debates on committee should be of a different nature, but this is a matter for the Programming Committee to take up. There are two options for setting standards of accountability offered by the ad hoc Committee, but the Joint Rules Committee has not decided on which option will be followed.

The Corder Report omitted to put the Budget into perspective, but Parliament should have a role in the preparation of the budget. Parliament should not assume functions of the Executive) but it has an influencing role when the budget is developed. Parliament's contribution is different from that of any other stakeholder, it a contribution which derives from its oversight role. As Oversight is not easily defined in law, a need exists to understand Oversight against the landscape of the Constitution.

3.THEORETICAL FRAMEWORK OF OVERSIGHT (Landscape Document)

The compilation of the Landscape document emanates from the recommendations of the ad hoc Committee Report. Comparative inputs have been left out as they could be deemed to be subjective, therefore, inputs from constitutional negotiators were excluded. The purpose of the Landscape document is to assist in developing a broad understanding of the Oversight role and Purpose of Parliament. The Landscape document has set out to identify the shared accountability responsibilities of both the Assembly and the Council, the specific responsibilities of the Assembly and the specific responsibilities of the Assembly as follows:-

3.1 Shared Accountability Responsibilities of the Assembly and the Council

• Members of Cabinet and Deputy Ministers
• National Security
• Defence
• National Prosecuting Authority
• Financial Oversight
• International Agreements
• Subordinate legislation

• Powers of the Assembly
• Chapter Nine Institutions
• Accountability for State of emergency

• Interventions
• Dispute concerning administrative capacity of a province

Oversight is a monitoring and evaluation tool and in attempting to define Oversight it can be

classified as a product of implementation. Parliaments role can be defined as reconstructive in the process of Oversight. Oversight is not an exercise engaged in exclusively by state structures, but civil society and the broader public must also be brought into the fold to be included Oversight is one component ,but a combination of roles and responsibilities.

Members of Parliament would require training that has to be regular, needs to be updated and it has to be relevant to the objectives. Oversight must be defined on a basis of its expectations, but within the dictates of Sections 55(2) and 70(l)(b) of the Constitution. The driving principles should be the motivating factor that it places the interests of the people at the centre. The Operational implications to be considered once a~> approach is agreed upon, would be:

• Cultural Orientation
• Capacity (including research, media & communication, policy unit, skills alignment)
• Structured mechanisms
• Develop a processing center
• Budget and strategic planning

5.FOCAL POINTS RAISED (Discussion)

5.1 Relationship with the executive must be more robust, but the relationship with the Judiciary must also be refined

5.2 Timeframes, targets and budgets for the process to be prioritised

5.3 Parliamentary research capacity must be increased, particularly in the Budget Committee and the Finance Committee

5.4IQuestion time to be utilised optimally as an effective means of Oversight and Accountability

5.5 Implementation Plan to be made available and implementation mechanisms to become operational

5.6 The Task Team must report back to .the Joint Rules Committee on the 4^th February, outlining all the decisions taken and how the Task Team needs to proceed;

5.7 Identify and clarify the functions of the 3 Focus Groups and for the Focus Groups to each come up with an implementation plan;

5.8 Work through issues raised in the presentations

5.9 Identify recommendations made with respect to the mandate of the Focus Groups.

5.10 Present recommendations as to how the Focus Groups must be constituted and appoint conveners

6. TOWARDS A COMMON FRAMEWORK AND ROLE OF FOCUS GROUPS (facilitated session)

6.1 THEORETICAL FRAMEWORK OF OVERSIGHT (Landscape Document)

6.1.1 Need to look at mechanisms that can be utilised to improve accountability

6.1.2 In order to take forward the issues raised in the Landscape Document, it was decided that the document should be referred to the Projects Focus Group

6.2.1 A broad mission statement to be considered so that it can inform the work of the Focus Groups

6.2.2 Would have to identify the underpinning values, which should inform the Focus

6.2.3 Need to look at the values that inform oversight

6.2.4 .The mission and vision for Parliament should be the overarching framework and should form the basis for oversight and accountability. Both Houses should adopt the vision and mission of Parliament as it encapsulates the element of oversight.

6.2.5 All Focus Groups should utilise the principles of the Vision & Mission Statement as an underlying guiding force

6.3 BROAD MANDATE OF FOCUS GROUPS

6.3.1 Committees Focus Group

a) Best practice guide in respect of oversight practises of committees

b) Joint planning and protocols for structured communication between NA/NCOP committees

c) Capacity development of committees

d) Record-keeping systems and monitoring mechanisms in Committee Section

e) Co-ordination and protocols between NA and NCOP committees

6.3.2 Budget Focus Group

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

b) Draft proposed legislation

6.3.3 Projects Focus Group

a) Constitutional landscape and interview's with role-players including co-ordination of NA and NCOP (constitutional responsibilities and role of Houses)

b) Audit of public-funded bodies

c) Chapter Nine Institutions

d) Review of Rules

e) Relationship with Judiciary

f) Oversight mechanisms

g) Intergovernmental relationships

6.3.4 Recommendations put forward for structured composition of Focus Groups.

a) Mr GQM Doidge, convenor for Committees Focus Group

b) Mr NM Nene, convenor for Budget Focus Group

c) Convenor for Projects Focus Group still be decided

d) Co-convenors still to be finalised

e) Agreed that changes to the composition of the Focus Groups would be addressed beyond this forum, including an equitable distribution of NCOP members per Focus Group

f) Need to have an overall Steering Committee to keep on track the developments of the Focus Groups.

g) The Steering Committee should therefore comprise of the Focus Group Convenors, Co- convenors and the Presiding Officers.

6.3.5 Tasks for Focus Groups

a) Each Focus Group to identify 2 or 3 primary tasks and sub-tasks

b) Then to draft Strategic Plans and resources required can be identified

c) Focus Groups to convene within 2-3 weeks

d) Convenors to put together guidelines for the Focus Groups

e) Focus Groups should work together in terms of issues that they have been tasked with

f) The Focus Groups work should be cross-referenced so as to identify the related areas of each group and to co-ordinate these activities

6.3.6 Some recommendations of ad hoc committee can be immediately implemented. An implementation plan to be developed for these

6.3.7 Resources available

a) The Parliamentary services are ready to give full support to the Task Team and the Focus Groups.

b) As such, Parliament has identified access to resources for both the Task Team and the

Focus Groups to utilise.

c) The following persons have been identified and will be responsible for co-ordinating assistance to the relevant Focus Groups:-

• Ms N Keswa - Committees Focus Group
• Ms L Matyolo - Budget Focus Group
• Mr K Habndiek - Projects Focus Group
• Ms A Dowling & Ms C Malan - assist Task Team Chairs

After deliberations were concluded, the final decision taken was for the implementation of this broad framework to commence with effect from Monday, 31 January 2005.

List of MPs who confirmed attendance

1. Mr N P NhIeko*

2. MrT S Setona*

3. Mr A C Nel*

4. Mr D H M Gibson*

5. Mr G Q M Doidge*

6. Ms S C Botha*

7. Mr N Nene*

8 Ms S A Seston

9. Mr G T Madikiza

10.Mr A Harding

11 Mr K A Sinclair

12. Ms Chohan-Kota

IS.Dr PJ Rabie

14.MrT M Masutha

15.Mr H Schmidt

16. Ms Oliphant

17. Ms B Hogan

18. Mr Z A Dingani, Secretary to Parliament