Joint Standing Committee on Financial Management of Parliament

The JSCFMP oversees the Parliament of the Republic of South Africa.

The JSCFMP was established in terms of the Joint Rules of Parliament. The Committee has the powers afforded to parliamentary committees under sections 56 and 69 of the Constitution.

The Financial Management of Parliament and Provincial Legislatures Act 10 of 2009 (the Act) was promulgated to:

•  promote and maintain a high standard of professional ethics in the financial management of Parliament and provincial legislatures;
• promote the efficient, economic, and effective use of resources allocated to Parliament and provincial legislatures;                          

Section 4 of the Act provides for the establishment of an oversight mechanism to maintain oversight of the financial management of Parliament. The legislation provides that the Committee:

•  considers instructions in terms of section 37(5) i.e. executive directives with financial implications that are likely to result in unauthorised expenditure
• considers Parliament’s annual report tabled and referred in terms of section 60;
• considers instructions issued by the Executive Authority in terms of section 66 for the purposes of the implementing the Act; and
• performs any functions specified in the Act and by the rules of Parliament, and that are consistent with the objectives of the Act

Broadly speaking, the Committee:

• interrogates the governance documents referred to it,
• manages stakeholder involvement;
• manage collaboration;
• makes recommendations to the National Assembly and the National Council of Provinces
• monitors the implementation of the legislation and policies governing the institution, as well as the implementation of its recommendations to the Executive Authority

The National Assembly and National Council of Provinces have the power to establish Joint Committees. There are Joint Committees established by or in terms of the Joint Rules, Committees established in terms of legislation and other Joint Committees to deal with any other matters affecting both Houses

Joint Committees may only establish subcommittees when there is provision for such appointment in the Joint Rules or authorised by the Joint Rules Committee or by resolutions adopted in the Assembly and the Council

The Joint Rules apply to the Joint Committees

Except where the Joint Rules or decisions of the Joint Rules Committee prescribe otherwise, the composition of a joint committee in such that parties are entitled to be represented in the Assembly component of joint committees in substantially the same proportion as the proportion in which they are represented in the Assembly and provinces are entitled to equal representation in the Council component of joint committees

Alternate members may be appointed for one or more specific members of a joint committee. An alternate acts as a member when the member for which the alternate was appointed is absent or has vacated office, until the vacancy is filled 

If a joint committee has co-chairpersons, the co-chairpersons must cochair meetings of the committee except when one of them takes the chair by agreement between them

Joint committees report to both Houses on matters referred to the committee

Powers

Rule 80 of the Joint Rules of Parliament (7th Edition) say that for the purposes of performing its functions  joint 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

Joint committees may not initiate legislation

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

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.

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.

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.