Committee Legacy report

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Meeting Summary

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The Select Committee convened virtually to consider and adopt its 6th Parliament Committee Legacy Report on activities undertaken from May 2019 to March 2024. Having considered the report's content, the Committee unanimously resolved to adopt the Legacy Report of the 6th Parliament.

The Committee viewed the 6th Parliament as a learning experience for Members but emphasised two specific matters that the incoming committee should focus on. The Committee's work involves oversight over the Department of Cooperate Governance and Traditional Affairs, the Department of Human Settlements, the Department of Water and Sanitation, and their public entities. However, the focus of the work during the term of the 6th Parliament was mainly on statutory obligations in terms of section 139. Consequently, service delivery aspects of the Committee’s responsibilities were neglected. The next Committee is urged to find a balance between focusing on law-making obligations and service delivery matters.

The Committee found the limited time that the National Council of Provinces (NCOP) is allowed to process Bills unacceptable. Bills are normally presented late, causing the NCOP to rush its part of the process. As the intersection between all spheres of Parliament and representing the interests of all provinces, the NCOP must conduct proper processes to finalise Bills. It is recommended that bills should, in the future, be presented to the NCOP instead of the National Assembly (NA). The work of the NCOP would have no impact if this matter is not addressed.

Meeting report

The Chairperson stated that the session marked the penultimate end-of-term meeting. The purpose was to finalise the legacy report based on the assessment of the work done over the past five years, the lessons learnt, and experience gained in this term. It was also meant to consider aspects where errors were made and to make recommendations on how the incoming committee could do better. The Committee Secretary was tasked to present the report for consideration.

2019–2024 Committee Legacy Report
Mr Moss Manele, Committee Secretary, said the report created the opportunity for Members to identify challenges and make recommendations on each theme covered in the report. During the year under review, the Committee developed a five-year strategic plan and annual performance plans in line with the strategic objectives of Parliament in terms of passing legislation, ensuring executive accountability, performing oversight visits, facilitating public participation events and ensuring cooperative governance.

The review of the five-year strategic plan and annual performance plans revealed various outstanding matters that the 7th Parliament should focus on to ensure executive accountability and robust parliamentary oversight. The outstanding matters for the incoming committee to prioritise include the following:

Timely tabling of the State of Local Government Report;

Timely tabling of quarterly reports and section 139 Termination Reports;

Inconsistent tabling of section 106 Forensic Investigation Reports;

Consideration of Material Irregularities at municipalities, highlighted by the Auditor-General;

Review of executive accountability on Presidential Proclamations in municipalities, e.g. on maladministration and financial mismanagement; and

Processing and finalisation of the Independent Municipal Demarcation Authority Bill.

Discussion
The Chairperson thanked the Committee Secretary and his team for preparing such a comprehensive report. He criticised spending more time on CoGTA-related matters compared to issues of the Departments of Water and Sanitation and Human Settlements. This was one of the lessons learned in the process. He opened the meeting to discuss and make suggestions.

Mr R Badenhorst (DA, Western Cape) commended the administration for preparing the report. He joined the Committee 14 months ago and was, therefore, not part of the deliberations for the full term. He noted that one of the recommendations for the 7th Parliament is to ensure that final mandates of section 76 legislation pieces are tabled in the NCOP within an eight-week cycle. He cautioned against limiting the period to eight weeks because the rules make provision for a period of at least eight weeks. This meant that the period could be extended based on requests. In the absence of section 139 quarterly reports, he suggested a table of the number of section 139 interventions. This would make it easy to view the progress of interventions made.

Ms S Shaik (ANC, Limpopo) thanked the secretariat for compiling the report, which broadly reflected the issues covered, challenges encountered and recommendations proposed. She noted the work of the Committee in terms of the 139 statutory obligations for which there are clear timeframes. However, focusing on statutory obligations left little time to focus on aspects of water and sanitation and human settlements. The focus is more on law-making than on service delivery. She suggested that in the next term, the correct balance must be found to also focus on other portfolios.

The Chairperson remarked that the NCOP should fight for its rights. It was unacceptable for the NCOP to be regarded as an afterthought or an appendix of the NA. Everything starts at the NA level, but the NCOP is expected to rush its part of the process. The NCOP needed space because it is an intersection between all spheres of Parliament and represents the interests of all provinces. Bills that are presented late have the effect of people being bulldozed. The NCOP must be allowed the opportunity to process Bills properly. He suggested that Bills should first be presented in the NCOP instead of the NA. The NCOP would not have any impact if this matter is not dealt with. He agreed with Ms Shaik that the next committee should find a balance between focusing on law-making issues and Water, Sanitation, and Human Settlements matters. The need to comply with legal obligations meant everything else came to a standstill. This was a learning experience for the Committee. The volume of challenges in the areas covered by the Committee required dedication and focus with regard to oversight, public participation and other aspects. Not undertaking an international trip should be flagged as a recommendation because it is important to learn from other countries.

Ms Shaik moved to adopt the report but advised that the above suggestions should be reflected.

Ms B Barlett (ANC, Northern Cape) supported adopting the report.

The Chairperson declared the report unanimously adopted after confirming no opposing views or abstentions. He thanked Members for their meaningful contributions and reminded them that the outstanding issues would be dealt with in the final meeting.

The meeting was adjourned.

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