ATC180611: Report of the Select Committee on Security and Justice on the Comment requested by the Minister for Justice and Correctional Services on the Draft Regulations made in terms of the Protected Disclosure Act, 2014, dated 11 June 2018

NCOP Security and Justice

Report of the Select Committee on Security and Justice on the Comment requested by the Minister for Justice and Correctional Services on the Draft Regulations made in terms of the Protected Disclosure Act, 2014, dated 11 June 2018:
 

 

The Minister for Justice and Correctional Services requested the Select Committee to consider commenting on the Draft Regulations made in terms of the Protected Disclosures Act (Act No. 26 of 2000), specifically the inclusion of the Chairperson of the National Council of Provinces as a person to whom a protected disclosure may be made in terms of Annexure B of the Draft Regulations. The Select Committee having considered the subject of the Draft Regulations, referred to it, reports as follows:

 

The Select Committee on Security and Justice requested and received a legal opinion on the Protected Disclosures Act Draft Regulations on 6 June 2018. The Parliamentary Legal Advisor addressed the Committee on the inclusion of the Chairperson of the National Council of Province (NCOP) as a person to whom a protected disclosure may be made.

 

The Constitution of the Republic of South Africa (Act No. 108 of 1996) determines in Chapter Four that Parliament consists of two houses, namely the National Council of Province (NCOP) and the National Assembly (NA). The Powers and Privileges and Immunities of Parliament and Provincial Legislatures Act (Act No. 4 of 2004)

 and the Financial Management of Parliament and Provincial Legislatures Act (Act No 10 of 2009) identifies the Speaker and the Chairperson of the National Council of Provinces as the office bearers of each house. Where the Speaker and the Chairperson must act in the interest of Parliament the two office bearers are identified as the Executive Authority of Parliament acting jointly in the interests of Parliament.

 

Furthermore, the Committee deliberated the need to include the provincial legislature Speaker as the executive authority of the provincial legislature to whom disclosure should be made on any impropriety at the provincial legislature.

 

Committee recommendation:

 

The Select Committee on Security and Justice, having considered the Minister for Justice and Correctional Services request for comment on the Draft Regulations made in terms of the Protected Disclosures Act (Act No. 26 of 2000), specifically the inclusion of the Chairperson of the National Council of Provinces as a person to whom a protected disclosure may be made in terms of Annexure B of the Draft Regulations, recommends to the National Council of Provinces the following:

 

In the current Draft Regulations made in terms of the Protected Disclosures Act (Act No. 26 of 2000) the National Assembly and National Council of Provinces are listed separately and they should be listed as one executive authority. It is recommended that the name of the “Chairperson of the National Council of Provinces” under Person or Body to whom a protected disclosure may be made, should be removed and replaced with the “Executive Authority of Parliament”.

 

The Draft Regulations should include reference to the Speaker of the provincial legislature as a person to whom a protected disclosure should be made.

 

Proposed amendments:

In page 4, Under Column 1, heading "Person or body to whom or which disclosure can be made", delete the reference to Chairperson of the NCOP and insert "Executive Authority, as contemplated in the Financial Management of Parliament and Provincial Legislatures Act.” The Executive Authority is deemed to refer to Speakers of Provincial Legislatures as well. 

 

In page 4, under column 2, heading "Conduct being disclosed", to delete the reference to NCOP and the word "the" and replace with Parliament after the word "on". 

 

In page 6 under both columns 1 and 2, to delete row 2. 

 

Report to be considered.