Justice and Correctional Services Portfolio Committee Legacy Report

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Justice and Correctional Services

20 March 2019
Chairperson: Ms M Mothapo (ANC)
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Meeting Summary

Available here once published: Legacy Reports

The Content Advisor briefed the Committee on the draft Legacy Report. The document focused on key highlights of the work of the Committee for the last five years.

The Content Advisor said that during the Fifth Parliament, the Committee’s responsibility or scope of work increased. 21 Bills were referred to the Committee. 17 Bills were reported on. Two Bills were withdrawn by the Minister. Three Bills remained outstanding. Amendments flowing from the Constitutional Court orders took precedence over the Committee’s approved programme.

On Annual Budget (AB) and Budgetary Review and Recommendation Reports (BRRR), the Content Advisor stated that despite increased workload, the Committee met targets but no opportunity for public participation and engagement with Vote departments, etc. foreshortened to ensure the Committee met timeframes. The Committee struggled to engage with department quarterly report on performance and spending as a result of workload.

The Content Advisor spoke about oversight, appointments, and oversight visits. She said that the Committee held various meetings on identified oversight issues. It made recommendations to the National Assembly re-appointments to the South African Human Rights Commission, the Information Regulator and appointments of four members of the National Council of Correctional Services. It conducted two oversight visits and also met with the judiciary on two occasions. However, the workload prevented it from conducting as many oversight visits as it would have liked to.

The Content Advisor spoke about key challenges. She said that combining previously separate Committees had created enormous challenges. All areas of the Committee’s work had been affected. When deciding to combine Committees in future, Parliament should take into consideration the practicalities for effective oversight over the Committees being combined.

The Content Advisor recommended that the Committee on Justice and the Committee on Correctional Services should be separated into two different Committees. A system for more effective tracking and follow up of all recommendations made was developed. Public hearings for budget and BBRR processes were included as part of the parliamentary programme for Committees to enhance public participation. 

Members noted the recommendation that the committee should be separated: one to deal with justice and the other with correctional services. They supported the report.

Meeting report

Justice and Correctional Services Portfolio Committee Legacy Report

Ms Christine Silkstone, Content Advisor, took the Committee through presentation which highlighted main points in the Legacy Report. She said that during the Fifth Parliament, the Committee’s responsibility or scope of work increased. 21 Bills were referred to the Committee. 17 Bills were reported on. Two Bills were withdrawn by the Minister. Three Bills remained outstanding. Amendments flowing from the Constitutional Court orders were given precedence over the Committee’s approved programme.

On Annual Budget (AB) and Budgetary Review and Recommendation Reports (BRRR), Ms Silkstone stated that despite increased workload, the Committee met targets; but there was no opportunity to for public participation and for engagement on the budget vote of departments. The work of the Committee was shortened to ensure the Committee met its timeframes. The Committee struggled to engage with departments quarterly report on performance and spending as a result of workload.

Ms Silkstone spoke about oversight, appointments, and oversight visits. She said that the Committee held various meetings on identified oversight issues. It made recommendations to the National Assembly regarding appointments to the South African Human Rights Commission (SAHRC), the Information Regulator and four members of the National Council of Correctional Services (NCCS). It conducted two oversight visits and also met with the judiciary on two occasions. However, the workload prevented it from conducting as many oversight visits as it would have liked to.

Ms Silkstone spoke about key challenges. She said that combining previously separate Committees had created enormous challenges. All areas of the Committee’s work had been affected. When deciding to combine Committees in future, Parliament should take into consideration the practicalities for effective oversight over the Committees being combined.

Ms Silkstone recommended that the Committee on Justice and the Committee on Correctional Services should be separated into two different Committees. A system for more effective tracking and follow up of all recommendations made was developed. Public hearings for budget and BBRR processes were included as part of the parliamentary programme for Committees to enhance public participation. 

Discussion

Mr V Smith (ANC), referring to 27 of the presentation, he made remarks on the time allocated for parliamentary process. He understood that the allocation of time could be the same as the one applied to other Committees. He understood this to be a general norm. He raised his concern about separation of the Committee into two different Committees. Was it not jumping the gun to suggest that the Committee should be separated into two units?

Mr W Horn (DA) welcomed the presentation and said that he supported all recommendations in the Legacy Report, including the division of the Committee into two Committees. He however added that there was no need to align Committees with Ministries. He thought that the Legacy Report captured well the struggle to deal with issues of correctional services.

Ms Silkstone responded that the combination of two committees came along with increased workload that the Committee was not able to cope with.

Mr G Skhosana (ANC) moved for the adoption of the Legacy Report.

Ms G Breytenbach(DA) seconded.

By show of hands, all members present supported the report.

The report was adopted without amendment.

The DA and ANC were given two minutes for closing remarks of the term.

The Chairperson thanked members for their work, media for reporting on its work and PMG for monitoring and reporting on the Committee’s meetings.

The meeting was adjourned.  

 

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