Sub-Committee: Final Amendments to NCOP Rules (9th edition): consideration

Meeting report

Consideration of Final Amendments to NCOP Rules, 9th Edition

The Chairperson welcomed everyone and indicated the draft NCOP Rules document was still work in progress. The meeting was convened at short notice so that Members could have an opportunity to make additional inputs. She asked the Secretary to the NCOP to take the Committee through the latest amendments.

Adv Modibedi Phindela, Secretary to the NCOP, highlighted proposed amendments to the NCOP Rules as articulated by Members during a previous meeting.

Rule 13(A)

During a previous discussion, Mr S Mohai (ANC), made proposals relating to the functions of the Chief Whip. However, Parliamentary Secretariat felt the existing wording ‘to ensure that there is a quorum in the House’ was sufficient. The Chief Whip would also have to ensure that Members participate fully in the business of the Council.

Rule 13(B)

The second proposal related to 13(B), in so far as the appointment of an Acting Chief Whip was concerned. Mr Mohai had suggested that the Rule be amended so that the Council, in the absence of the Chief Whip or if he/she is unable to perform his/her functions, is given the powers to appoint an Acting Chief Whip. The Secretariat felt it would be convenient if it is the Chairperson who appoints the Acting Chief Whip, because the Council might not necessarily be sitting if such an eventuality arises.

On composition of the Whippery, the current proposal was agreeable. However, if party whips and party representatives are made part of Whippery, it means that in an event that a quorum is required, they would form part of the quorum. Therefore, the Secretariat’s proposal was that the Rule be left as is with a proviso that the party entitled to a party whip will be represented by that party whip in the Whippery. Further, a party that does not have a provincial whip would be entitled to be represented by a party representative who might not necessarily be a part of the Whippery. 

Rule 13(D)

Adv Phindela said the Secretariat was agreeable to Mr Mohai’s proposals relating to party representatives and party whips as traversed during a previous meeting. The amendment to the sub rule on provincial whips was agreed to earlier. The clause on the appointment of an Acting Provincial Whip should read as follows: ‘whenever the Provincial Whip is unable to discharge his/her duties, the Chief Whip may designate a delegate from a delegation of the province to perform the functions of the Provincial Whip until the Provincial Whip returns or a new Provincial Whip is appointed.’

Mr S Mohai (ANC, Free State) sought clarity about the proposal that the Provincial Whip must be designated after consultations with the NCOP Chairperson and the Chief Whip.

Adv Phindela agreed and added that whenever the Provincial Whip is unable to perform his/her functions; the Chief Whip may designate a delegate from the provincial delegation to act as the Provincial Whip until the return of the Provincial Whip or appointment of a Provincial Whip.

The Chairperson said she was agreeable to the proposals and implored that the Rules be finalised. She noted that Members appeared to be on the same page.

Adv Phindela, on Composition of Committees, said the current Rules state that the provincial delegation should be represented by an equal number of delegates in committees. However, the Secretariat’s proposal was that because it may not be possible for provincial delegates to be represented by an equal number of delegates in committees, a province must be represented by at least one delegate. Other provinces may be represented by more one delegate in committees depending on the strength of the delegation. On voting modalities, if a province is represented by more than one delegate in committee, the Rules could not prescribe who should vote on behalf of said province.

The Chairperson said demographic representativity was expressed in the Rules. It should be ensured that the constitutional and financial implications of the proposals are measured.

Mr Mohai proposed that if a Provincial Whip is absent, the Chief Whip may appoint a permanent delegate from among the provincial delegation to act in that capacity. However, if the Provincial Whip is unable to perform his/her functions, maybe owing to incapacity, a delegate may be appointed from among the provincial delegate of the province concerned to act as Provincial Whip. Decision-making on such matters should also rest with provincial legislatures. On voting modalities in committees, Members, in most cases, are unable to find each other when it came to voting, and would always seek guidance from procedural officers. As voting in committees is largely partisan, how such process should unfold ought to be clarified as there are bound to be misunderstandings in terms of who is eligible to vote.

The Chairperson agreed with Mr Mohai but noted that provincial delegates must agree on who represents their respective provinces during voting.

Mr Mohai added, on the Composition of Committees, that the Chief Whip coordinates and engages continually with parties. Rules should be realistic and implementable. He will be in communication with the Secretariat and Adv Phindela in particular to finalise the draft Rules. There was no need for another meeting.

The Chairperson appreciated the engagements and stated the Rules will be put up for adoption by the House before Parliament rises.

The meeting was adjourned.