ATC140206: Final report of the Standing Committee on Finance on the review of the Financial Management of Parliament Act (Act 10 of 2009), dated 4 February 2014

Final report of the Standing Committee on Finance on the review of the Financial Management of Parliament Act (Act 10 of 2009), dated 4 February 2014

1. Background

On 20 September 2012 the National Assembly, citing technical challenges that had become apparent during the implementation of the Financial Management of Parliament Act (Act 10 of 2009) (the Act), passed a resolution, instructing the Standing Committee on Finance (the Committee) to review the Act with a view to introduce amending legislation if necessary.

The resolution of the Assembly required the Committee to:

• evaluate the application of the legislation including those provisions relating to the authority of provinces to enact financial management legislation and the timeframes associated with various reporting mechanisms;

• take account of the work done by the Speaker’s Forum; and

• report to the National Assembly by 22 November 2012.

2. Progress

Pursuant to the progress report adopted by this Committee (ATC No. 156 – 20 November 2012, page 4769), the Committee further reports as follows:

The Committee received extensive briefings from Adv F Jenkins of the Parliamentary Legal Services. The Committee identified areas of the Act that required amending.

Prior notice of the Bill’s introduction was given in the Government Gazette on 3 July 2013 (Vol. 577, No. 36631) and an explanatory summary of the draft Bill was published in the same Gazette.  The Gazette also contained an invitation to interested persons and institutions to submit written representations by 19 July 2013. The same invitation was also published in national newspapers, in all 11 official languages on 5 July 2013.

The Committee received submissions from the Western Cape Provincial Parliament (WCPP), the Auditor-General of South Africa (AG), the Financial and Fiscal Commission (FFC), National Treasury and the office of the Secretary to Parliament.

The Committee held public hearings on the draft Bill on 23 July 2013. The Parliamentary Legal Services reported back to the Committee on the submissions received on 14 August 2013.

The Committee met on 10 September, 8 and 15 October 2013 and 29 January 2014 in order to deliberate on the draft Bill. The Committee adopted the draft Bill on 29 January 2014.

The Standing Committee on Finance, in accordance with Rule 243, introduces the Financial Management of Parliament Amendment Bill [B1- 2014] (National Assembly- proposed sec 76).

The committee further reports that the Democratic Alliance (DA) objected to the draft Bill.

Report to be considered.