NCOP Petitions and Executive Undertakings

National Council of Provinces Committee

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In contrast to other committees of Parliament, the Select Committee on Petitions and Executive Undertakings does not have specific department or entities falling within its portfolio and instead deals with Government Departments or entities to the extent that it has referred the subject matter of a petition or executive undertaking to a particular department or entity. Moreover, because the petitions and executive undertakings referred to the Committee cover a range or spectrum of issues, the Committee constantly finds itself dealing with a continuum of sectors, departments, institutions and entities.

At present, the Committee has two mandates or function, namely considering the petitions referred to it and scrutinising the implementation of executive undertakings referred to it.

Petitions

Section 69 (d) of the Constitution provides that the National Council of Provinces (“NCOP”) may receive petitions, representations or submissions. What is more, Rule 103 (b) of the Rules of the NCOP stipulates that one of the general powers of all Committees of the NCOP is to receive petitions, representations or submissions from interested persons on institutions. The receipt of petitions in the NCOP in this sense, is further strengthened by the establishment of the Committee which is expressly or specifically mandated to consider the petitions referred to it. To be precise, Rules 147 to 150 of the NCOP Rules provide for the establishment the Committee and further stipulate that the core mandate of the Committee is to consider all petitions referred to the NCOP.

The mandate or function of the Committee, in this regard, is also reinforced by the following extensive powers and responsibilities:

  • To refer the subject matter of a petition referred to it to the Executive or particular department or another administrative agency for further attention;
  • To recommend to the NCOP any course of action it deems fit and proper; and
  • To keep the petitioner informed of the decision or other course of action with regard to the petition and the reason thereof.

In summary, the Committee enables Parliament (via the NCOP) to constructively deal with petitions and further enhances Parliament’s role in the petitioning process. Put differently, the mandate or function of the Committee is to ensure that appropriate action is taken in respect of each petition accepted by Parliament and to take responsibility for ensuring the resolution of each petition that it accepts.

 Executive Undertakings

During the configuration of the NCOP Committees for the Fifth Parliament, the Committee was accorded the additional mandate of scrutinising and overseeing the implementation of executive undertakings made on the floor of the House, from time to time, by members of the Executive. Despite being accorded the additional mandate of scrutinising and overseeing the implementation of executive undertakings, the rules or guidelines enabling the Committee to fulfil this mandate have yet to be developed by Parliament and this has hampered (and continues to hamper) the ability of the Committee to fulfil this particular mandate. Notwithstanding the absence of such rules or guidelines, the Committee resolved, at the beginning of the Fifth Parliament, to be proactive around the development of rules or guidelines in relation to the mandate and accordingly developed and adopted a set of executive undertakings guidelines on 28 October 2015.

THE ROLE AND FUNCTIONS OF SELECT COMMITTEES
The National Council of Provinces (NCOP) appoints 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 –
    1. On a day which is not a working day
    2. On a day on which the Assembly is not sitting
    3. At a time when the Assembly is not sitting, or
    4. During a recess
  1. 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.

21 Nov 2019 Abathembu Petition
14 Nov 2019 Minister Progress Report: Agriculture, Forestry and Fisheries
17 Oct 2019 Minister Progress Report: Transport
09 Oct 2019 Minister Progress Reports: Human Settlements & Social Development; Ndlovu Petition
05 Sep 2019 Minister Progress Reports: Human Settlements & Social Development
31 Jul 2019 Committee Programme
17 Jul 2019 Ndlovu Petition
10 Jul 2019 Committee Programme
26 Jun 2019 Election of Chairperson
14 Oct 2019 ATC191014: Report of the Select Committee on Petitions and Executive Undertakings on the Hearing of the Ndlovu Petition, Held on 17 July 2019 at Parliament and a Inspection In Loco to Thokoza Hostel and Palm Ridge, in Ekurhuleni Metropolitan Municipality on 23 August 2019, dated 09 October 2019
14 Oct 2019 ATC191014: Report of the Select Committee on Petitions and Executive Undertakings on the Executive Undertakings made by the Minister of Human Settlements during The House Sitting of 6 June 2017, dated 9 October 2019
14 Oct 2019 ATC191014: Report of the Select Committee on Petitions and Executive Undertakings on the Executive Undertakings made by the Minister of Social Development during the House Sitting of 7 June 2017, dated 9 October 2019
27 Mar 2019 ATC190327: Report of the Select Committee on Appropriations on the Public Audit Excess Fee Bill [B7-2019] (National Assembly – Section 77), dated 27 March 2019
27 Mar 2019 ATC190327: Report of the Select Committee on Appropriations on the Division of Revenue Bill [B5-2019], dated 27 March 2019
27 Mar 2019 ATC190327: Report of the Select Committee on Petitions and Executive Undertakings on the Hearings of the Sigogo Petition, held on 08 November 2018, 28 February 2019 and 20 March 2019, at Parliament, as adopted on 27 March 2019
27 Mar 2019 ATC190327: Report of the Select Committee on Petitions and Executive Undertakings on the Hearings of the Sigogo Petition, held on 08 November 2018, 28 February 2019 and 20 March 2019, at Parliament, as adopted on 27 March 2019
20 Mar 2019 ATC190320: Draft Legacy Report of the Select Committee on Petitions and Executive Undertakings on the activities it Undertook during the 5th Parliament (May 2014 – March 2019)
13 Feb 2019 ATC190213: Report of the Select Committee on Petitions and Executive Undertakings on the Hearing of the Cakwebe Petition held on 3 August 2018, at Premier Hotel Regent, East London, as Adopted On 13 February 2019
13 Feb 2019 ATC190213: Report of the Select Committee on Petitions and Executive Undertakings on the Hearing of the Elder Care Leave Petition held on 10 October 2018, at Parliament, as adopted on 13 February 2019
15 Aug 2018 ATC180815: Report of the Select Committee on Petitions and Executive Undertakings on the Executive Undertakings made by the Minister of Mineral Resources During The House Sitting of 27 October 2015, dated 15 August 2018
15 Aug 2018 ATC180815: Report of the Select Committee on Petitions and Executive Undertakings on the Executive Undertakings made by the Minister of Environmental Affairs during the House Sitting of 27 October 2015, dated 15 August 2018
13 Jun 2018 ATC180613: Report of the Select Committee on Petitions and Executive Undertakings on the Hearing of the Lunga Kona Petition Held at the Garden Court Hotel, Mthatha, Eastern Cape on 10 September 2015 and at Parliament on 3 May 2017, as adopted on 13 June 2018
13 Jun 2018 ATC180613: Report of the Select Committee on Petitions And Executive Undertakings on the hearing of the Transkei Road Transport Corporation Petition held, on 18 April 2018, at Parliament, as adopted on 13 June 2018
30 May 2018 ATC180530: Final Report of the Select Committee on Petitions and Executive Undertakings on the hearing of the Embrace Dignity Petition, as adopted on 30 May 2018
30 May 2018 ATC180530: Report of the Select Committee on Petitions and Executive Undertakings on the Executive Undertakings made by the Minister of Justice and Constitutional Development during the House Sitting of 4 June 2015, as adopted on 30 May 2018
30 May 2018 ATC180530: Report of the Select Committee on Petitions and Executive Undertakings on the Executive Undertakings made by the Minister of Higher Education and Training during the house Sitting of 9 June 2015, as adopted on 30 May 2018
30 May 2018 ATC180530: Report of the Select Committee on Petitions and Executive Undertakings on the Executive Undertakings made by the Minister of Higher Education and Training During the House Sitting of 9 June 2015, as adopted on 30 May 2018
02 May 2018 ATC180502: Final Report of the Select Committee On Petitions and Executive Undertakings on the Hearing of the Embrace Dignity Petition dated 2 May 2018
06 Oct 2017 ATC171006: Report of the Select Committee on Petitions and Executive Undertakings, on the Study Tour Undertaken to Sweden, Stockholm, from 2 to 6 October 2017
06 Oct 2017 ATC171006: Report of the Select Committee on Petitions and Executive Undertakings, on the Study Tour Undertaken to Sweden, Stockholm, from 2 to 6 October 2017
08 Jun 2017 ATC170608: Report of the Select Committee on Petitions and Executive Undertakings on the Hearing of the Africa Skills College Petition, Dated 08 June 2017
24 May 2017 ATC170524: Report of the Select Committee on Petitions and Executive Undertakings on the Hearings of the Love Knysna Petition, held on 10 February 2016, 16 March 2016 and 24 May 2017, at Parliament
24 May 2016 ATC170524: Report of the Select Committee on Petitions and Executive Undertakings on the Hearings of the Fuzane Petition, held on 6 May 2015, 13 May 2015 and 3 June 2015, at Parliament
18 May 2016 ATC160518: Report of the Select Committee on Petitions and Executive Undertakings on the Hearing of the Provincial House of Traditional Leaders Petition held at Parliament, on 18 May 2016
18 May 2016 ATC160518: Report of the Select Committee on Petitions and Executive Undertakings on the Hearing of the Provincial House of Traditional Leaders Petition held at Parliament, on 18 May 2016
03 May 2016 ATC160503: Report of the Select Committee on Petitions and Executive Undertakings on Draft Guidelines on Executive Undertakings, dated 28 October 2015
03 May 2016 ATC160503: Report of the Select Committee on Petitions and Executive Undertakings on Draft Guidelines on Petitions dated, 5 August 2015
13 Apr 2016 ATC160413: Report of the Select Committee on Petitions and Executive Undertakings on the hearing of the Oudtshoorn Ratepayers Association Petition, held at Parliament, on 27 January 2016 and 16 March 2016
13 Apr 2016 ATC160413: Report of the Select Committee on Petitions and Executive Undertakings on the hearing of the Love Knysna Petition, held at Parliament, on 10 February 2016 and 16 March 2016
25 Feb 2016 ATC160225: Report of the Select Committee on Petitions and Executive Undertakings on the Hearing of the Maluti-A-Phofung Petition, held on 26 and 27 May 2015 at Parliament and the Inspection in Loco Conducted on 5 August 2015, at Maluti-A-Phofung Municipality
25 Feb 2016 ATC160225: Report of the Select Committee on Petitions and Executive Undertakings on the Hearing of the Coida Petition, held on 6 May 2015 At Parliament
16 Oct 2015 ATC151016: Report of the Select Committee on Petitions and Executive Undertakings on the Hearing of the Paternity Leave Petition, held 26 November 2014 at Parliament, dated 14 October 2015
16 Oct 2015 ATC151016: Report of the Select Committee on Petitions and Executive Undertakings on the Hearing of the Paul Mkhize Petition, Held On 5 November 2014 at Parliament, dated 14 October 2015
16 Oct 2015 ATC151016: Report of Select Committee on Petitions and Executive Undertakings on the Hearing of the Andrew Sehume Petition, held on 5 November 2014 at Parliament, dated 14 October 2015
16 Oct 2015 ATC151016: Report of the Select Committee on Petitions and Executive Undertakings on the hearing of the Mayibuye - Transnet Petition, held on 26 November 2014 at Parliament, dated 14 October 2015
02 Sep 2014 ATC140902: Report of the Select Committee on Petitions and Executive Undertakings on the Hearing of the GA – Sekhaolelo Community Petition Hearing, held at the Park Hotel, Mokopane, Limpopo, on 2 September 2014

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 9 meetings Attendance rate 62%
Detailed attendance data by committee and MP

Contact

Secretary to Committee

Nkanyiso Mkhize

Tel: 021 403 8086

Cell: 061 438 7303

E-mail: nmkhize@parliament.gov.za

Executive Secretary

Nasreen Fakier

Tel: 021 403 8736

Cell: 083 709 8405

email: nfakier@parliament.gov.za

 

 

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