(a) look into the issue of contradictions between the manner in which the Constitution and the Rules describe the leader of the largest opposition party and advise the Rules Committee on what should be done to rectify the situation;

(b) consider the concern that had been raised by opposition parties in regard to the title "Leader of the Opposition"; and

(c) make specific recommendations to the Rules Committee, noting the special recognition the leader of the largest opposition party enjoys in the current dispensation and the need to clarify the nature of this recognition.

After thorough consideration of the matter, the Subcommittee concluded that the only issue that fell within its purview was that the Rules should be consistent with the Constitution, which describes "the Leader of the Opposition". The Rules therefore need to allude only to the designation in the constitutional provision. If the Constitution is to be amended, the Subcommittee is not the appropriate forum to deal with that.

That as long as the constitutional provision remains unaltered, the Rules should reflect the designation in that provision. However, as other substantive issues have been raised in the Rules Committee, the Rules Committee should consider dealing with the issue comprehensively before effecting a Rule amendment.

2. DRAFT RULES ON COMMITTEE ON THE AUDITOR-GENERAL

After discussions in the Rules Committee on 26 May 2005 and 14 October 2005 on the establishment of an oversight mechanism for the Office of the Auditor-General as required by the Public Audit Act, the Rules Committee agreed to the following on 14 October 2005:

(a) A separate standing committee to be established, the committee to consist of 13 members.

(b) Its functions to be broadly those contained in the Public Audit Act, namely to oversee

the functions of the Auditor-General.

(c) The same formula as with other committees to be used for party representation

(d) The Subcommittee on Review of the National Assembly Rules to draft Rule amendments based on proposals submitted by the ANC and which had been adopted as a framework.

(e) Proposed Rule amendments by the subcommittee to be presented to the Speaker and circulated to parties and then put directly to the House for adoption.

(f) Parties to take into account the issue of skills requirements in appointing members to the committee.

(g) Recruitment of the secretary to the committee to start immediately.

In accordance with its mandate contained in (d) above, the Subcommittee proceeded to consider draft Rules on the oversight mechanism. Two options were considered. The first set of draft Rules contained, inter alia, all the provisions contained in the Act in much detail, while the second set of draft Rules omitted all the detail and only made reference to the provisions contained in the Act with regard to the committee's powers and functions. As the second option was more in accordance with the current drafting style of the National Assembly Rules, the Subcommittee agreed rather to present the second option to the Rules Committee for approval.

The insertion of the following new Rules:

Part 10A: Committee on the Auditor-General

208 A

There is a Committee on the Auditor-General, established in terms of section 10(3) of the Public Audit Act, 2004.

Composition

208 B

The Committee on the Auditor-General consists of 13 members or such other number of members as the Speaker may determine with the concurrence of the Rules Committee.

208 C The Committee on the Auditor-General must

208 D The Assembly may by resolution assign any other function, task or duty to the Committee on the Auditor-General within its area of competence.

208 E The Committee on the Auditor-General may not consider

208 F

A question before the Committee on the Auditor-General is decided when a quorum in terms of Rule 133 is present and there is agreement among the majority of members present.

On 24 June 2004, the House agreed to a motion to establish three positions of House Chairperson. The motion further stated that the Rules Committee must present to the House proposed Rule amendments adapting the Rules accordingly. On 5 October 2005, the Speaker wrote to the Subcommittee on Review of the Assembly Rules, asking the Subcommittee to submit draft Rules to the Rules Committee for its consideration and subsequent presentation to the House for adoption. At its meeting on 14 October 2005, the Speaker informed the Rules Committee of her request to the Subcommittee.

The Subcommittee met on several occasions to discuss and refine draft Rules. At its meeting on 13 December 2005, the Subcommittee concluded its deliberations on the draft Rules relating to

the position of House Chairperson and agreed to present them to the Rules Committee for consideration.

The substitution of the following Rules or Subrules for the existing Rules or Subrules:

Election of other presiding officers

14(1) This House must elect three members as House Chairpersons for the duration of the House.

(2) The Speaker must allocate functions and responsibilities to the House Chairpersons and announce such allocations in the ATC.

Relief of Speaker

15. The Deputy Speaker or a House Chairperson must preside during a sitting of the House whenever requested to do so by the Speaker.

Absence of Speaker

16(2) Whenever both the Speaker and the Deputy Speaker are absent or unable to perform the functions of the Office of Speaker, the Speaker or, if the Speaker is not available, the Deputy Speaker, must designate one of the House Chairpersons to act as Speaker.

Continued absence of Speaker and Deputy Speaker

17. Whenever this House has been informed of the likelihood of the continued absence of

both the Speaker and the Deputy Speaker for longer than seven consecutive parliamentary working days, this House may appoint a member to act as House Chairperson while the House Chairperson so designated acts as Speaker, until the Speaker or the Deputy Speaker becomes available or this House decides otherwise.

Chairperson

37. The Chair of an appropriation committee may be taken by a House Chairperson or a member appointed by the Speaker for that purpose.

Composition [of Rules Committee]

159. The Rules Committee consists of

(a) the Speaker;

(b) the Deputy Speaker;

(c) the House Chairpersons; and

(d) no more than 50 other members appointed by the Speaker.

Policy matters requiring decision during recess

163(1) If during a recess a matter of policy arises that requires a Rules Committee decision but cannot await finalisation when the session resumes, the Speaker may convene a meeting of those of the following office-bearers who are available to decide on the matter:

(a) the Speaker;

(b) the Deputy Speaker;

(c) the House Chairpersons;

(d) the Chief Whip;

(e) the Deputy Chief Whip of the majority party;

(f) the chairperson of the relevant Subcommittee of the Rules Committee under whose jurisdiction the matter in question falls;

(g) the most senior whip of each of the other parties in the Assembly or alternate of such whip; and

(h) a committee chairperson designated by the Committee of Chairpersons.

Composition [Subcommittee on International Relations]

178 The Subcommittee on International Relations consists of

(a) the Speaker and the Deputy Speaker;

(b) the House Chairperson designated by the Speaker;

(c) three members of the majority party in the Assembly;

(d) one member from each of the three largest minority parties in the Assembly; (e) one member from each of two of the other minority parties in the Assembly; (f) one member from the Portfolio Committee on Foreign Affairs designated by the committee; and

(g) three chairpersons of Assembly committees designate by the Committee of Chairpersons.

Composition [Programme Committee]

188(1) The Programme Committee consists of

(a) the Speaker;

(b) the Deputy Speaker;

(c) the Leader of Government Business;

(d) the House Chairpersons;

(e) the Chief Whip;

(f) the Deputy Chief Whip of the majority party in the Assembly;

(g) the whip of the majority party responsible for programming;

(h) another two whips of the majority party designated by that party;

(i) one whip and two additional representatives of the largest minority party in the Assembly designated by that party;

(j) one whip and one additional representative of the second largest minority party in the Assembly designated by that party; and

(k) one whip of each of the other minority parties in the Assembly designated by the party concerned.

Composition [Committee of Chairpersons]

196(1) The Committee of Chairpersons consists of

(a) the House Chairpersons; and

(b) the chairperson of each Assembly committee and each Assembly member who is a chairperson or co-chairperson of a joint committee, or an Assembly member of the committee designated by the chairperson.

197(1) The House Chairperson designated by the Speaker presides at meetings of the Committee of Chairpersons.

(2) If the designated House Chairperson is not available another House Chairperson may preside at a meeting of the Committee.

Composition [Chief Whips' Forum]

218(1) The Chief Whips' Forum consists of

(a) the Speaker;

(b) the Deputy Speaker;

(c) the House Chairpersons;

(d) the Chief Whip

(e) the Deputy Chief Whip of the majority party

(f) the most senior whip of each of the other parties represented in the Assembly;

and

(g) a committee chairperson designated by the Committee of Chairpersons.

Scheduling function of the designated House Chairperson

224 The House Chairperson designated by the Speaker must implement any policy, directive or guideline on the scheduling and co-ordination of meetings of all committees and subcommittees.

Adv M T Masutha, MP

Chairperson: Subcommittee on Review of the Assembly Rules