NCOP Rules of the National Council of Provinces

National Council of Provinces Committee

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The NCOP Rules Committee consists of:

  1. The Chairperson of the Council
  2. The permanent Deputy Chairperson
  3. The Chief Whip of the Council
  4. The House Chairperson Committees and House Cahirperson Oversight and Institutional Support
  5. The Programming Whip
  6. Two representatives from each provincial delegation one of whom must be a permanent delegate

A political party represented in the Council that is not represented in the Rules Committee, may designate a Council member to attend, and to speak in, the Committee but that Council member may not vote

The Chairperson of the Council is the chairperson of the Rules Committee. If the Chairperson of the Council is not available the Deputy Chairperson of the Council performs the functions of the chairperson of the committee

The Rules Committee may –

  • Develop, formulate and adopt policy concerning the exclusive business of the Council in respect of
    • The management, administration and functioning of the Council
    • The financial management and policy of the Council, including the sources of funding, the budget, income and expenditure of the Council
    • The proceedings, procedures, rules, orders and practices concerning the business of the Council
    • The provision of facilities and other support for Council members
  • Make recommendations to the Council concerning the Council’s annual budget
  • Monitor and oversee the implementation of poicy on all matters referred to in paragraph (a)
  • Make recommendations to the Joint Rules Committee on any matter falling within the functions and powers of that Committee
  • Lay down guidelines, issue directives and formulate regulations regarding any aspect of polcy referred to in this rile
  • Appoint subcommittees to assist with the performance of any of its functions or the exercise of any of its powers
  • Recommend to the Council rules and orders concerning the business of the Council, including amendments to these rules
  • Perform any other functions assigned to it by legislation, other provisions of these Rule s or resolutions of the Council

The Rules Committee may deal with a matter falling within its functions and powers on its own initiative or when referred to it for consideration and report by the Council or the Chairperson of the Council

The responsibility for the implementation of policy determined by the Rules Committee vests in the Chairperson of the Council , subject to the decisions of the Rules Committee and resolutions of the Council

Each province has one vote on the Rules Committee

All questions before the Rules Committee are agreed when at least five provinces vote in favour of the question

THE ROLE AND FUNCTIONS OF SELECT COMMITTEES
The National Council of Provinces (NCOP) appoints from its permanent members a number of Select Committees to shadow the work of the various national government departments and to deal with Bills.

Because only 54 of the 90 NCOP Members are permanent delegates compared to the 400 of the NA, the Select Committees oversee the work of more than one national government department.

Select committees, and their subcommittees, meet whenever necessary and as determined in accordance with the Rules of the NCOP and the decisions and directives of the House Chairperson of Committees.

The select committees must report to the Council on matters referred to the committee on all decisions taken by it expect those concerning internal business

Composition in the select committees differ between whether the matter before the committee’s consideration falls under section 75 or 76 of the Constitution 

Working in Committees allows Parliament to:

  • Increase the amount of work that can be done
  • Ensure that issues can be debated in more detail than in plenary sessions
  • Increase the level of participation of Members of Parliament (MPs) in discussions
  • Enable MPs to develop expertise and in-depth knowledge of the specific Committee's area of work
  • Provide a platform for the public to present views directly to MPs, something which is not possible in a plenary sitting of Parliament
  • Provide an environment for Parliament to hear evidence and collect information related to the work of a specific Committee

Powers

Rule 103 of the NCOP Rules (9th Edition) say that for the purposes of performing its functions  committee may, subject to the Constitution, legislation, the other provisions of these rules and resolutions of the Assembly –

  • Summon any person to appear before it to give evidence on oath or affirmation, or to produce documents
  • Receive petitions, representations or submissions from interested persons or institutions
  • Permit oral evidence on petitions, representations, submissions and any other matter before the committee
  • Conduct public hearings
  • Consult any Assembly or Council committee or subcommittee, or any joint committee or subcommittee
  • Determine its own procedure
  • Meet at a venue determined by it, which may be a venue beyond the seat of Parliament
  • Meet on any and at any time, including –
    • On a day which is not a working day
    • On a day on which the Assembly is not sitting
    • At a time when the Assembly is not sitting, or
    • During a recess
  • Exercise any other powers assigned to it by the Constitution, legislation, the other provisions of these rules or resolutions of the Assembly

THE DIFFERENT COMMITTEES OF PARLIAMENT

Portfolio Committees
The National Assembly (NA) appoints from among its members a number of Portfolio Committees to shadow the work of the various national government departments.

Public Accounts Committees
The National Assembly Standing Committee on Public Accounts acts as Parliament's watchdog over the way taxpayers' money is spent by the Executive. Every year the Auditor-General tables reports on the accounts and financial management of the various government departments and State institutions.

Heads of government departments and institutions are regularly called by this committee to report and account for expenditure. The Committee can recommend that the National Assembly takes corrective actions if necessary.

Internal Committees
The National Assembly has a number of internal committees that deal with matters affecting the running of Parliament. The Committees normally consist of senior Members of Parliament. The Rules Committee and its sub-committees deal with House rules, the budget of the House, support for Members, internal arrangements, and powers and privileges of members. Other internal Committees are the Programme Committee that plans the work of the Assembly, the Disciplinary Committee, and the Committee of Chairpersons.

The National Council of Provinces has its own domestic Committees. The Rules Committee and its subcommittees deal with the NCOP rules, the NCOP budget, parliamentary privileges, internal arrangements, international relations and delegated legislation. The Programme Committee plans the work of the NCOP and the Committee of Chairpersons make recommendations about the functioning of Committees and other NCOP forums.

Ad hoc Committees
Parliament or one of its Houses may appoint an ad hoc (temporary) Committee when a special task must be done. When the task is complete, the Committee is dissolved.

Joint Committees
The National Assembly and the National Council of Provinces together appoint a number of joint committees, for example the Constitutional Review Committee.

The Joint Standing Committee on Intelligence and the Joint Standing Committee on Defence are statutory Committees. This means that they are established, by the Constitution or by an Act of Parliament, as well as in terms of the rules of Parliament.

The committees play a very important role in the process of building democracy and involving the public in the processes and activities of Parliament.

 

 

 

 

No results.

20 Nov 2019 NCOP Rules Sub-Committee: Matters referred to sub-committee
12 Jun 2019 Establishment and Clustering of NCOP Committees

There are no committee reports at this time.

There are no calls for comments at this time.

There are no questions at this time.

There are no bills related to this committee.

2019 2 meetings Attendance rate 100%
Detailed attendance data by committee and MP

Contact

Secretary to Committee

Secretary to Chairperson

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