OVERSIGHT AND ACCOUNTABILITY PRESENTATION February 2005 Nkosinathi Phiwayinkosi

OVERSIGHT AND ACCOUNTABILITY: PRESENTATION February 2005 Nkosinathi Phiwayinkosi Nhleko House Chair: Oversight and Accountability 1

This presentation covers: 1 Progress to date 2 Implementing mechanism 3 Immediate tasks ahead 4 Critical support factors 5 Source material Nkosinathi Phiwayinkosi Nhleko House Chair: Oversight and Accountability 2

1. PROGRESS TO DATE Nkosinathi Phiwayinkosi Nhleko House Chair: Oversight and Accountability 3

t At the beginning of 1999, Parliament commissioned research into its Oversight and Accountability function. Consultants under the leadership of Prof. H. Corder prepared a report entitled Report on Parliamentary Oversight and Accountability (known as the Corder report). Nkosinathi Phiwayinkosi Nhleko House Chair: Oversight and Accountability Progress to date … 4

t In July 1999, an Ad hoc Joint Sub. Committee on Oversight and Accountability was constituted to consider proposals in the Corder report and make specific recommendations to the Joint Rules Committee. Nkosinathi Phiwayinkosi Nhleko House Chair: Oversight and Accountability Progress to date … 5

t In March 2003, the Joint Rules Committee approved the recommendations by the Ad hoc Joint Sub-Committee on Oversight and Accountability, under the following headings: Developing an understanding of oversight Co-ordination between the NA and NCOP Building Parliament’s Oversight Capacity Institutions Support Democracy Developing an Institutional Memory Fine tuning and development of Oversight Mechanisms 4 Introducing Oversight Mechanisms: Accountability Standards Act (specific recommendation still to be finalised) 4 4 4 Nkosinathi Phiwayinkosi Nhleko House Chair: Oversight and Accountability Progress to date … 6

t The Ad hoc Joint Sub-Committee develop an implementation mechanism through focus groups – projects, committees and budget. t In August 2004, the Joint Rules Committee resolved that Mr. T. Setona (Chairperson of Committees in the NCOP) and Mr. N. Nhleko (House Chairperson in the NA) set up a Task Team on Oversight and Accountability. Nkosinathi Phiwayinkosi Nhleko House Chair: Oversight and Accountability Progress to date … 7

t The composition of the Task Team on Oversight was approved after consultation with political parties at its first meeting held on 17 November 2004. Nkosinathi Phiwayinkosi Nhleko House Chair: Oversight and Accountability Progress to date … 8

t A workshop held on 28 January 2005 considered the recommendations of the Ad hoc Joint Subcommittee on Oversight and Accountability and confirmed the composition of the focus groups, established a steering committee and concluded that an implementation programme with resources be developed and implemented. Nkosinathi Phiwayinkosi Nhleko House Chair: Oversight and Accountability Progress to date … 9

2. IMPLEMENTING MECHANISM Nkosinathi Phiwayinkosi Nhleko House Chair: Oversight and Accountability 10

PRESIDING OFFICERS CO-CHAIRPERSONS Report to Presiding Officer every second week STEERING COMMITTEE FOCUS GROUP PROJECTS COMMITTEES BUDGETS OVERSIGHT AND ACCOUNTABILITY TASK TEAM Nkosinathi Phiwayinkosi Nhleko House Chair: Oversight and Accountability Implementing Mechanism … 11

Role of Focus Groups t t t To develop a strategic plan and programme with clear deliverables and timeframes to cover the content area of the focus groups. To deliver in accordance with the plan and programme within an integrated planning framework. To develop a resource plan and budget by 28 February 2005 and implement accordingly. To compile written reports on progress of the focus groups against strategic plan deliverables To consider reports from the Steering Committee and, where appropriate, integrate the recommendations into the work of the focus groups. To convene weekly to pursue programmes and objectives. Nkosinathi Phiwayinkosi Nhleko House Chair: Oversight and Accountability Implementing Mechanism … 12

Steering Committee Role: t Develop and drive the overall programme of the task team t Develop synergies, address gaps and overlaps in content and t t t planning Overall planning and co-ordination Ensure adequate support and resources for effective delivery Receive and consider reports from Focus groups Prepare reports to the Speaker and Joint Rules Committee Develop and implement a communication and education strategy to support the work of the Oversight and Accountability task team Comprises: Convene: Team leaders of each focus group, House Chairpersons Secretary to Parliament Every two weeks Support (still to be finalized) – coordination, legal, research, communication and secretarial/ administration Nkosinathi Phiwayinkosi Nhleko House Chair: Oversight and Accountability Implementing Mechanism … 13

Focus Group: Projects Focus: Members: Team Leader: Mr. N. P Nhleko (? ) t Constitutional Landscaping – legal, historical and philosophical aspects, interviews with role players, co-ordination of NA and NCOP, oversight in respect of all tiers of government, relation with judiciary) t Audit of public-funded bodies t Chapter Nine Institutions t Review of Rules Nkosinathi Phiwayinkosi Nhleko House Chair: Oversight and Accountability National Assembly: ¨ Mr. J H van der Merwe ¨ Mr. D H M Gibson ¨ Ms. S V Kalyan ¨ Mr. A Harding ¨ Adv. Z L Madasa ¨ Mr. A Nel ¨ Ms. F I Chohan-Khota (co-opted) ¨ Mr. T M Masutha (co-opted) ¨ Mr. G T Madikiza ¨ Dr. C P Mulder (co-opted) NCOP: ¨ Mr. B J Mkhaliphi ¨ Mr. K Sinclair Support Coordination: K Hahndiek, P Leboko and K Mansura Legal: F. Jenkins, Z Adhikari Research: (? ) Secretarial/ Admin: R Mohlomi and N Quvana Implementing Mechanism … 14

Focus Group: Committees Focus: Members: Best Practice Guide in respect of: t Joint planning and protocols for structured communication between the NA and NCOP (including oversight function in plenary) t Capacity development of Committee t Record-keeping systems and monitoring mechanisms in Committee Section ¨ Team Leader: Mr. G. Q. Doidge National Assembly: ¨ Mr. T M Goniwe ¨ Mr. Y I Carrim ¨ Ms. C S Botha ¨ Mr. M J Ellis ¨ Mrs. S A Seaton NCOP: ¨ Mr. T S Setona ¨ Ms. M N Oliphant Support (still to be finalized) Nkosinathi Phiwayinkosi Nhleko House Chair: Oversight and Accountability Coordination: Legal: Research: Secretarial/ Admin: Implementing Mechanism … 15

Focus Group: Budget Focus: Members: t Research and develop draft ¨ policy on procedure for amendment of money bills before Parliament (Sec 77(3) of Constitution) t Draft proposed legislation Team Leader: Mr N. Nene National Assembly: ¨ Mr. A Watson ¨ Dr. P J Rabie (co-opted) ¨ Ms. B A Hogan (co-opted) ¨ Dr. R H Davies (co-opted) NCOP: ¨ Mr. V V Z Windvogel ¨ Kgoshi M L Mokoena (co-opted) ¨ Mr. M J Mahlangu (co-opted) Support (still to be finalized) Coordination: Legal: Research: Secretarial/ Admin: Nkosinathi Phiwayinkosi Nhleko House Chair: Oversight and Accountability Implementing Mechanism … 16

3. IMMEDIATE TASKS AHEAD The projected date of completion is end 30 June 2005. Team Leaders are to deliver the following to the Co-chairpersons of the Task Team: t A strategic plan (to include immediate resource issues, i. e. administration and research capacity) and programme with clear deliverables and timeframes to cover the content areas is submitted by Monday 16 February 2005. t A resource plan and budget is submitted by 28 February 2005. Nkosinathi Phiwayinkosi Nhleko House Chair: Oversight and Accountability 17

4. CRITICAL SUPPORT FACTORS In order for this Task Team to succeed in its mandate the following becomes pertinent: t t t The swiftness of decision making and implementation within the Parliamentary structure The quality of its administrative backup The quality of its research and legal capacity Nkosinathi Phiwayinkosi Nhleko House Chair: Oversight and Accountability 18

5. SOURCE MATERIAL The source materials listed below are essential for understanding the context and content of the Oversight and Accountability debate and decisions: t Report on Parliamentary Oversight and Accountability prepared by Prof. H Corder, Ms S. Jagwanath and Mr. R Soltau t Final Report of the Ad hoc Joint Sub-Committee on Oversight and Accountability. Parliament Cape Town (3 September 2002) t Tablings: Recommendations of the Joint Ad Hoc Sub. Committee on Oversight and Accountability in Announcements, Tablings and Committee Reports 10 - 2004 t Guideline for Legislative Oversight through Annual Reports, National Treasury 26 January 2005 t Vision and Mission statement of Parliament t ‘Landscaping’ presentation by Parliament’s Legal Department to workshop 28 January 2005 t Oversight and Accountability Presentation by Mr. Nkleko to workshop 28 January 2005 Nkosinathi Phiwayinkosi Nhleko House Chair: Oversight and Accountability 19