INFO
ALERT
UPDATE ON ADHOC COMMITTEE ON REVIEW OF CHAPTER 9 AND ASSOCIATED INSTITUTIONS
Parliament, 19 February 2007
The Adhoc Committee on Review of Chapter 9 and Associated Institutions are midway
through conducting bilateral meetings with institutions supporting
constitutional democracy
The multi-party committee, chaired by Professor Kader Asmal, was established by
the National Assembly on 21 September 2006 for the purpose of reviewing the effectiveness,
efficiency and appropriateness of state institutions supporting constitutional
democracy and the Public Service Commission.
To date, the committee has met with the National Youth Commission, Public
Service Commission, Pan South African Language Board, Financial and Fiscal
Commission Public Protector and Commission for the Promotion and Protection of
the Rights of Cultural, Religious and Linguistic Communities. A self-assessment
questionnaire completed by the institutions formed the basis of the discussions
with the committee.
The bilateral meetings, which began on Wednesday, 24 January
are scheduled until 14 March 2007. The committee has to submit a report on its
findings to the National Assembly no later than 30 June 2007.
Issued By: Internal Communication
Form Professor Kader Asmal, MP Chairperson: Ad Hoc Committee on the
Review of Chapter 9 and Associated Institutions
To : Mr S L Tsenoli, MP: Chairperson on
Portfolio Committee on Provincial and
Local Government
21 November 2006
Dear Lachesa
REVIEW OF STATE INSTITUTIONS SUPPORTING CONSTITUTIONAL DEMOCRACY
On 21 September 2006 the National Assembly adopted a motion to establish an ad
hoc committee to review State institutions supporting constitutional democracy
(the so-called "Chapter 9" institutions) such as the Public
Protector, the South African Human Rights Commission, the Commission for the
Promotion and Protection of the Rights of Cultural, Religious and Linguistic
Communities, the Commission for Gender Equality, the Auditor-General, the
Independent Electoral Commission and the Independent Communications Authority
of South Africa, as well as other associated constitutional bodies such as the
Public Service Commission, the Financial and Fiscal Commission and the Pan
South African Language Board. The Committee has also incorporated the Youth
Commission into its work.
The Committee has embarked on wide-scale consultation with these commissions,
civil society and human rights organisations. The Committee therefore felt it
appropriate to ask committees in Parliament who have had direct or indirect
relations with these 11 bodies for their views. In particular, the Committee
would like to know your role over the years in terms of the appointment of
these bodies or the degree of oversight of their functions and activities.
The Committee is trying to gather as much information as possible as 10 of the
11 bodies enjoy constitutional status in some or other form. Although the
degree of independence they enjoy varies from one body to another, they are
accountable to the National Assembly. The Committee would like to know your
views on how this oversight role is organised and the extent to which such
oversight has been successful.
I enclose a copy of the Committee's terms of reference as adopted by the
National Assembly.
I
would be grateful if your committee was able to make its submission by 31
January 2007 at the latest. The Committee intends to publish the names of
bodies which have responded to this invitation.
Please submit your comments to Mr M Philander, tel (021) 4033746, fax (021) 403
2854, e-mail [email protected] or Ms T Sepanya, tel (021) 403
3714, fax (021) 403 2854, e-mail [email protected]
The Committee looks forward to hearing from you.
With my best wishes
Professor Kader Asmal, MP
TERMS OF REFERENCE FOR THE AD HOC COMMITTEE ON REVIEW OF STATE
INSTITUTIONS SUPPORTING DEMOCRACY
Thursday, 21 September 2006J
MINUTES OF PROCEEDINGS -OF NATIONAL
[14:05) The Chief Whip of Hie Majority Party moved: That the House
establishes an Ad Hoc Committee on the Review of State Institutions Supporting
Constitutional Democracy and the Public Service Commission
(1) the Committee to consist-of 10
members as follows: ANC 5; DA 2; IFP 1; and other parties 2;
(2) the Committee to review State
Institutions Supporting Constitutional Democracy as listed in chapter 9 of the
Constitution as well as the Public Service Commission as established in chapter
10 of the Constitution, for the purpose of (a) assessing whether the current
and intended Constitutional and legal mandates of these institutions are
suitable for the South African environment, whether the consumption of
resources by them is justified in relation to their outputs and contribution to
democracy, and whether a rationalisation of function, role or organisation is
desirable or will diminish the focus on important areas;
(b) reviewing the appropriateness of the appointment and employment
arrangements for commissions and their secretariats with a view to enhanced
consistency, coherence, accountability and affordability;
(c) reviewing institutional governance arrangements in order to develop a model
of internal accountability and efficiency;
(d) improving the co-ordination of work between the institutions covered in
this review, as well as improving co-ordination and co-operation with
government and civil society;
(e) recognising the need for a more structured oversight role by Parliament in
the context of their independence; and
(f) reviewing the funding models of the institutions, including funding derived
from transfers and licences and other fees, with a view to improving
accountability, independence and efficiency;
(3) the Committee to conduct its review
also with reference to other organs of state of a similar nature whose work is
closely related to the work institutions
covered in this review;
(4) the Committee may exercise those powers in Rule 138 that may assist it
in carrying out its task; and
(5) the Committee to report by not later than 30 June 2007
Agreed to
DINGANI: Secretary to Parliament