State of the Nation 2024
Type of recommendation
Changes to how Parliament works
Part 6, Volume 2, Page 751
Category- Operational / Regulatory Change
- Changes to how Parliament works
Part 6, Volume 2, Page 751
Parliament to consider additional measures involving Speaker and President to sanction non-compliant Ministers
Category:
- • Operational / Regulatory Change
- • Changes to how Parliament works
Description:
The Commission supports the view that, with the support of a majority of members of a portfolio committee, a portfolio committee could put a Minister to terms in respect of remedial action, and could thereafter, through the Speaker, intercede with the President, as head of the National Executive, in the event of non-compliance. The Leader of Government Business could also play a role in such a process.
Responsible to implement:
• Leader of Government Business
Actions on recommendations
The Leader of Government Business will interact with Parliament’s Presiding Officers on the recommendations that relate to the interface between Parliament and the Executive.
Progress as at November 2023
Parliament’s Rules Committee acknowledged that the Sixth Parliament had taken steps to facilitate co-operation between Parliament and the Executive. The Committee concluded that there was no need for additional legislation or rules.
Part 6, Volume 2, Page 728
Category- Operational / Regulatory Change
- Changes to how Parliament works
Part 6, Volume 2, Page 728
Parliament to provide adequate funding to enable effective parliamentary oversight.
Category:
- • Operational / Regulatory Change
- • Changes to how Parliament works
Description:
It is recommended that Parliament ensures that adequate funds are allocated, particularly to portfolio committees, to enable effective parliamentary oversight.
Responsible to implement:
• National Treasury
Actions on recommendations
To ensure that Parliament is sufficiently resourced to hold the Executive to account, the National Treasury will engage with Parliament to determine the most appropriate way to give effect to the Commission’s recommendations on the funding of Parliament.
Progress as at November 2023
Parliament is in ongoing consultations with National Treasury for more resources in fulfilment of its constitutional mandate.
Part 6, Volume 2, Page 429
Category- Operational / Regulatory Change
- Changes to how Parliament works
Part 6, Volume 2, Page 429
Parliament to introduce a suitable tracking and monitoring system for implementation of corrective actions proposed by Parliament
Category:
- • Operational / Regulatory Change
- • Changes to how Parliament works
Description:
It is recommended that Parliament implement a system to 'track and monitor' implementation (or non-implementation) by the Executive of corrective action proposed in reports adopted by Parliament.
Responsible to implement:
• Leader of Government Business
Actions on recommendations
The Leader of Government Business will interact with Parliament’s Presiding Officers on the recommendations that relate to the interface between Parliament and the Executive.
Progress as at November 2023
At present, most committees have a “recommendation tracking tool” in place to follow up on actions to be taken by the executive. The Houses,too, have manual systems in place and an e-system is being piloted. This matter is also part of the Annual Performance Plan of the institution.
Part 6, Volume 2, Page 751
Category- Legislative Change
- Changes to how Parliament works
Part 6, Volume 2, Page 751
Parliament to consider the principle of 'amendatory accountability' in an Act of Parliament
Category:
- • Legislative Change
- • Changes to how Parliament works
Description:
The Commission recommends that Parliament consider whether it supports the principle of 'amendatory accountability' and, if it does, whether it would be desirable to give detailed substance to this principle in an Act of Parliament, along the lines suggested in the Corder report. In doing so, it will be necessary for Parliament to consider the implications of the separation of powers between the legislative and executive branches of government under the Constitution. However, the Commission believes that it should not be beyond the ingenuity of Parliament to devise mechanisms that promote responsiveness and effective accountability. If Parliament should not be minded to enact legislation of the above type, the Commission is of the view that consideration should be given by Parliament to amendments to its own rules, with a view to addressing the problem of ministers who fail to report back to Parliament on what, if anything, has been done in respect of remedial measures proposed by Parliament or on alternative methods preferred by them to address defective performance highlighted by Parliament.
Responsible to implement:
• Leader of Government Business
Actions on recommendations
The Leader of Government Business will interact with Parliament’s Presiding Officers on the recommendations that relate to the interface between Parliament and the Executive.
Progress as at November 2023
Parliament undertook research on international practices and specifically whether other countries had comparable laws. The research found that, from the 12 countries surveyed, none had statutes. Parliament’s Rules Committee agreed that, as a general point, legislation would not necessarily serve to address all the challenges identified by the State Capture Commission.
Part 6, Volume 2, Page 750
Category- Operational / Regulatory Change
- Changes to how Parliament works
Part 6, Volume 2, Page 750
Parliament to enhance the scale and skills of the research and technical assistance made available to portfolio committees
Category:
- • Operational / Regulatory Change
- • Changes to how Parliament works
Description:
It is recommended that, to the extent that available resources permit, it would be desirable to enhance the scale and skills of the research and technical assistance made available to portfolio committees.
Responsible to implement:
• National Treasury
Actions on recommendations
To ensure that Parliament is sufficiently resourced to hold the Executive to account, the National Treasury will engage with Parliament to determine the most appropriate way to give effect to the Commission’s recommendations on the funding of Parliament.
Progress as at November 2023
In the last 12 months, 10 content advisers supporting 10 committees have been appointed, 3 in the process of being appointed; 4 legal advisers to increase drafting and related capacity have since been appointed, 3 more are in the process of being appointed. 5 researchers have been appointed, recruitment for 11 researchers is underway. All critical appointments aimed at addressing capacity constraints are being made.
Part 6, Volume 2, Page 731
Category- Legislative Change
- Changes to how Parliament works
Part 6, Volume 2, Page 731
Parliament to consider legislation or rules to deal with the late submission of reports by representatives of the Executive to Parliament
Category:
- • Legislative Change
- • Changes to how Parliament works
Description:
The Commission recommends that Parliament should consider whether there is a need to legislate on the issue of reports by representatives of the Executive to Parliament. It may be that, absent such legislation, the present sometimes unsatisfactory situation will persist ... An alternative might be to amend the Rules of Parliament to deal with this. However, since the objects to be achieved include placing duties on persons outside of Parliament, and possibly visiting appropriate sanctions on those who are recalcitrant or unacceptably inefficient, the Commission's prima facie view is that legislation would probably be preferable to amending Parliament's rules.
Responsible to implement:
• Leader of Government Business
Actions on recommendations
The Leader of Government Business will interact with Parliament’s Presiding Officers on the recommendations that relate to the interface between Parliament and the Executive.
Progress as at November 2023
Parliament’s Rules Committee determined that there is no need for legislation in this regard. Instead, it agreed on parameters for guidelines on managing this exercise.
Part 6, Volume 2, Page 751
Category- Operational / Regulatory Change
- Changes to how Parliament works
Part 6, Volume 2, Page 751
Parliament to consider appointing opposition MPs as chairs of portfolio committees
Category:
- • Operational / Regulatory Change
- • Changes to how Parliament works
Description:
It is recommended that Parliament should consider whether representatives of opposition parties should be appointed as chairs of portfolio committees.
Responsible to implement:
• Parliament
Actions on recommendations
Parliament is developing its own response to the Commission.
Progress as at November 2023
Parliament’s Rules Committee did not agree with the view expressed by the State Capture Commission that parliamentary oversight may be better served if more chairpersons were elected from minority parties but reiterated that Section 57 of the Constitution (1996) empowered the Assembly to determine its internal arrangements, proceedings and procedures.
Part 6, Volume 2, Page 751
Category- Operational / Regulatory Change
- Changes to how Parliament works
Part 6, Volume 2, Page 751
Parliament to consider Corruption Watch proposals on appointments by Parliament
Category:
- • Operational / Regulatory Change
- • Changes to how Parliament works
Description:
It is recommended that Parliament consider whether it is desirable to amend its rules to give effect to the proposals by Corruption Watch on appointments by Parliament to leadership positions in key institutions.
Responsible to implement:
• Leader of Government Business
Actions on recommendations
The Leader of Government Business will interact with Parliament’s Presiding Officers on the recommendations that relate to the interface between Parliament and the Executive.
Progress as at November 2023
Parliament’s Rules Committee noted that the option of legislative review may not resolve the challenges alluded to by the State Capture Commission. Moreover, there were already laws and best practices concerning the selection of certain office-bearers and that all appointments must be based on merit. Best practices already developed by Parliament should be maintained.
Part 6, Volume 2, Page 750
Category- Operational / Regulatory Change
- Changes to how Parliament works
Part 6, Volume 2, Page 750
Parliament to consider legislative measures for non-attendance by Ministers
Category:
- • Operational / Regulatory Change
- • Changes to how Parliament works
Description:
It is recommended that Parliament make clear that non-attendance by Ministers and others scheduled to attend portfolio committee meetings will not be tolerated and to ensure that consequences are visited on those who offend without adequate cause. Parliament should consider whether there is a need to legislate on this issue.
Responsible to implement:
• Leader of Government Business
Actions on recommendations
The Leader of Government Business will interact with Parliament’s Presiding Officers on the recommendations that relate to the interface between Parliament and the Executive.
Progress as at November 2023
Parliament’s Rules Committee concluded that there was no need for additional legislation or rules. The Committee also noted that the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act already made it an offence for persons to refuse to appear before Parliament. As an example, in the past 12 months a Minister was summoned for not appearing before the Committee on Tourism.
Part 6, Volume 2, Page 751
Category- Operational / Regulatory Change
- Changes to how Parliament works
Part 6, Volume 2, Page 751
Parliament to establish an Oversight and Advisory Section
Category:
- • Operational / Regulatory Change
- • Changes to how Parliament works
Description:
It is recommended that Parliament establish an Oversight and Advisory Section to provide advice, technical support, co-ordination, and tracking and monitoring mechanisms on issues arising from oversight and accountability activities of members of Parliament and the committees to which they belong.
Responsible to implement:
• Parliament
Actions on recommendations
Parliament is developing its own response to the Commission.
Progress as at November 2023
Parliament has issued a report indicating that the matter of oversight monitoring, tracking and advisory is currently receiving attention, with the focus being on capacity more than on establishing new structures.
Oversight monitoring, tracking and advisory ReportPart 6, Volume 2, Page 722
Category- Operational / Regulatory Change
- Changes to how Parliament works
Part 6, Volume 2, Page 722
Parliament to implement rules to assist it further in sanctioning Cabinet members for non-compliance
Category:
- • Operational / Regulatory Change
- • Changes to how Parliament works
Description:
The Commission supports the recommendation made in paragraph 4.1.9 of the [Oversight and Accountability] (OVAC) Model (which, it will be recalled, Parliament adopted in 2009) but has not yet been implemented that: "Parliament develop rules to assist it further in sanctioning Cabinet members for non-compliance after all established avenues and protocols have been exhausted, for example naming the Cabinet member by the Speaker of the National Assembly of the Chairperson of the Council based on a full explanation."
Responsible to implement:
• Leader of Government Business
Actions on recommendations
The Leader of Government Business will interact with Parliament’s Presiding Officers on the recommendations that relate to the interface between Parliament and the Executive.
Progress as at November 2023
The matter of oversight monitoring, tracking and advisory is currently receiving attention, with the focus being on capacity more than on establishing new structures.
Part 6, Volume 2, Page 749
Category- Operational / Regulatory Change
- Changes to how Parliament works
Part 6, Volume 2, Page 749
Parliament to consider establishing a committee for oversight over President and Presidency
Category:
- • Operational / Regulatory Change
- • Changes to how Parliament works
Description:
It is recommended that Parliament should consider whether it would be desirable for it to establish a committee whose function is, or includes, oversight over acts or omissions by the President and Presidency, which are not overseen by existing portfolio committees. If it supports this in principle, it will need to determine the details of how this is to be done. It may well be that this committee need not operate in the same manner as existing portfolio committees.
Responsible to implement:
• Leader of Government Business
Actions on recommendations
The Leader of Government Business will interact with Parliament’s Presiding Officers on the recommendations that relate to the interface between Parliament and the Executive.
Progress as at November 2023
Parliament’s Rules Committee resolved that the matter be considered as work in progress. The Committee further agreed that the desk-top research conducted by the Parliamentary Budget Office should be complemented with a fact-finding visit with a view to exploring international best practice in respect of the matter. In so doing, a firm foundation could be laid for the Seventh Parliament.
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