ATC120829: Report of the Portfolio Committee on Defence and Military Veterans on the Joint Workshop of Joint Standing Committee on Defence & The Portfolio Committee on Defence & Military Veterans held in Arniston on Saturday, 19 May 2012, dated 22 August 2012

REPORT OF THE PORTFOLIO COMMITTEE ON DEFENCE AND MILITARY VETERANS ON THE JOINT WORKSHOP OF JOINT STANDING COMMITTEE ON DEFENCE AND THE PORTFOLIO COMMITTEE ON DEFENCE AND MILITARY VETERANS HELD IN ARNISTON ON SATURDAY, 19 MAY 2012, DATED 22 AUGUST 2012

1. INTRODUCTION

The joint workshop formed part of the revised Committee Programme which was considered in a Joint Standing Committee on Defence (JSCD) committee meeting. It was decided that such a session should be held jointly with the Portfolio Committee on Defence and Military Veterans (PCODMV) in order for the two defence committees to agree on their focus areas and working relationship. This would avoid duplication and improve oversight over the Department of Defence and Military Veterans, as well as the related Defence structures, such as the SANDF, the Defence Service Commission, the Military Ombud and the Defence Industry.

Delegation:

Mr MS Motimele (PCODMV Chairperson - ANC), Mr JJ Maake (JSCD Co-Chairperson - ANC); Mr SD Montsitsi (JSCD Co-Chairperson - ANC), Ms NR Mabedla (ANC); Ms PN Daniels (ANC); Mr AM Maziya (ANC); Mr EM Mlambo (ANC); and Ms MC Dikgale (ANC).

Apologies:

JSCD: Mr NB Fihla(ANC); Ms MV Mafolo(ANC); Mr TMH Mofokeng(ANC); Mr MC Maine(ANC); Mr LPM Nzimande(ANC); Mr DV Bloem (COPE); Prince MM Zulu (IFP); Mr VM Manzini (DA) andMr D Joseph (DA).

PCODMV: Mr N Diale (ANC); Ms HC Mgabadeli (ANC); Mr A Mlangeni (ANC); Mr M Nhanha (COPE); Mr M Mncwango (IFP); Mr P Groenewald (FF+); Mr LM Mphahlele (PAC); Mr DJ Maynier (DA) and Mr S Esau (DA).

Officials in attendance:

Dr Sam Gulube (Secretary for Defence – DoDMV); Siphiwe Dlamini ( Head of Communications – DoDMV; Prof Lindy Heinecken (Facilitator –Stellenbosch University); Mr Barry Wheeler (Corporate Executive – Auditor General); Mr Musa Hlongwane (Business Executive – Auditor General); Mr Banie Engelbrecht ( Chief Director Budget Management – DoD); Mr M Cocks (DoD:Office of the CFO); Mr P Ramsee (DoD:Office of the CFO); Ms Marina Nel ( Senior Procedural Officer – NA Table); Mr Thabiso Ratsomo (Chief Director – DODMV); Ms Thabo Gigaba ( PLO – Ministry DODMV); Ms Swazi Taitai ( Director: PLO DOD); Mr Modise Kabeli ( Communication – Parliament); Ms Nareema Kelly ( Study Group Sec – PC & JSCD); Ms B Madikane (Com Sec – JSCD); Ms T Majone (Com Assistant); Mr E Bazier (Com Assistant), and Mr P Daniels (acting JSCD Researcher).

2. TERMS OF REFERENCE

The workshop was focused on enhancing Committee members’ capacity in exercising oversight over both the Ministry of Defence and Military Veterans and the Department of Defence and Military Veterans. As part of its oversight role, the Joint Standing Committee on Defence has been mandated to investigate and make recommendations on defence-related issues. The workshop was aimed at giving members an opportunity to strategise and plan on how to fulfil their mandate and, in the process, improve on oversight over the Department.

It was decided that such a session should be held jointly with the Portfolio Committee on Defence and Military Veterans in order for the two defence committees to agree on focus areas and their working relationship. This would not only avoid duplication of work, but also enhance the oversight responsibility of these defence committees over the Department and related defence structures.

This exercise would assist members in overseeing the implementation of legislation, the monitoring and evaluation of spending, the functioning of the Department, and especially the management of transformation.

3. OVERVIEW OF THE WORKSHOP ACTIVITIES

The Parliamentary defence committees received presentations on the roles of the defence committees; the 2012 Programme covering matters relevant to the defence committees, including the State of the Nation Address and matters arising from it; the relationship between the defence committees and media; mid-term performance and focus areas for 2012 – 2014; the budget process; financial and audit information in the Annual Report ; interpreting strategic plans; and the Budgetary Review and Recommendation process.

4. COMMITTEE OBSERVATIONS AND RECOMMENDATIONS

4.1 Roles of the Defence Committees (JSCD & PCODMV)

Section 228 of the Interim Constitution (1993) stipulates the functions of the Joint Standing Committee on Defence as follows: to investigate and make recommendations regarding the SA National Defence Force’s budget, functioning, organisation, armaments policy, morale and state of preparedness; perform any functions relating to parliamentary supervision of the SANDF as may be prescribed by law; consider quarterly and annual reports submitted by the National Conventional Arms Control Committee (NCACC); consider and report on the employment of the SANDF; report to the Houses on any matter referred to it, and report to the House on its activities at least once a year.

Joint Rule 201 gives similar powers to the Portfolio Committee, namely to monitor, investigate, enquire into and make recommendations concerning any such executive organ of state, constitutional institution or other body or institution, including the legislative programme, budget, rationalisation, restructuring, functioning, organisation, structure, staff and policies of such organ of state, etc., as well as processing legislation.

The proposed recommendation was to redefine the roles and responsibilities of the two defence committees to ensure optimal synchronisation and to avoid duplication, or to repeal section 228(3) (d) of the interim Constitution.

4.2 Membership

The presentation pointed out that the JSCD was established in terms of section 228 (3) of the Interim Constitution (1993) and Joint Rule 120A. Membership (JR 120B), is determined by section 228 (3) of the Interim Constitution read with item 24 (1) of Schedule 6 to the Constitution, which states that it is equal to the number obtained by dividing by 10 the total number of seats held in the National Assembly by all parties holding more than 10 seats. The appointment of co-chairpersons is also dealt with (JR 120C).

However, Joint Rule 120B prescribes a particular formula that, in the 4 ^th Parliament, has brought the membership of the JSCD to 37. This scenario affects decision-making due to the fact that JSCD meetings often lack a quorum. The size of the committee also makes it difficult to manage and to reach decisions.

4.3 Letters from the President

Sec 228(5) of the Interim Constitution stipulates that Parliament may, by resolution, terminate any employment (of the SANDF), but that such termination shall not affect the validity of anything done in terms of such employment up to the date of such termination.

The Committee received letters very late and was thus never in a position to exercise the powers granted by sec 228(5) of the Interim Constitution.

The proposed recommendation was to report the delays to the Speaker, who should take it up with the Leader of Government Business.

4.4 Closed meetings

The Rules of Parliament can be used to close meetings, to close certain parts of meetings and/or to close meetings to the public and media.

Members of Parliament have however taken an oath which forbids them to divulge confidential information and to respect the Rules of Parliament. Non-compliance leads to possible disciplinary action being taken.

The discussion on these issues revealed that members felt that the sanction provided for in the case of non-compliance, was not sufficient. The Rule on divulging information as discussed in closed meetings, should therefore be revised

The Rules of Parliament should be not only be strengthened in this regard, but there should also be a revision of the sanction of “docking” one month’s salary from the relevant MP.

4.5 Vetting

Vetting was seen as another option to ensure information security. The Joint Rules make no provision for vetting of members and support staff, as is the case with the JSC on Intelligence

The NA Table staff advised that the Rules were sufficient to protect confidential information. The matter should be revisited and Parliament should decide on whether it was necessary for members and staff supporting the JSCD to be vetted.

4.6 Oversight

The two Defence committees share members. Joint oversight activities are therefore recommended to cover issues of interest to both the JSCD and PCODMV. The challenge is that the programmes of the NA and NCOP are not synchronised, and this complicates the management of joint oversight visits

This could be resolved by drafting oversight programmes jointly to avoid clashes.

4.7 Time-slot

The slot on Thursday mornings for two hours is insufficient to cover committee activities, and more time is required to engage properly with presentations.

The 08h00 slot often leads to members being late and the Committee not quorating to enable decision-making.

The proposed recommendation was that the JSCD should investigate alternative slots to be able to exercise its mandate effectively.

4.8 Media: Committee support

The Parliamentary Communication Services: Committees Communication Support made a presentation to indicate how it supports committees by producing articles for committees on oversight visits and public hearings. It also advises if there is a need to report a particular incident that relates to the committee as a whole, rather than to a political party.

This unit markets the Committee to the public through newspapers, other publications and the radio, but, due to limited staff, it is not able to allocate dedicated staff to committees.

The meeting expressed the view that the Defence committees believe that the media section is able to assist in formulating media/press statements to prevent misinterpretation and/or to clarify issues.

4.9 Planning, budgeting and reporting cycle within the Department (DoDMV)

Officials from the Department reported that the DoD’s planning, budgeting and reporting cycle had been aligned to the National Treasury Framework for strategic plans and the National Treasury Regulations, in order to meet statutory timelines. It was also informed by the January lekgotla, SONA, the National Budget Speech, the Cabinet lekgotla in July, the MTEF, and Auditor-General’s opinion.

4.10 Assessing financial and audit information

The representatives from the Auditor-General’s office advised members on areas they should focus on when doing oversight. Parliament should keep management accountable and determine whether the Department was complying with responsibilities as set out in the PFMA. They should check if there was compliance with Parliament’s appropriation; whether resources were utilised effectively and efficiently; and review the annual report of the Department, including the audit report; as well as holding regular meetings with the audit steering committee.

The advice was to evaluate monthly and quarterly reports and to rectify them before they were pronounced upon by the Auditor-General.

5. Based on the above, the following proposals were made to deal with

challenges noted:

· The proposal for a “new” defence committee by the Defence Review Committee should be taken into consideration, as it would have major implications for both defence committees

· The Committee’s composition can only be changed by a decision of the Joint Rules Committee. This amendment should take into account section 228(3) of the interim Constitution, 1993, which deals with the composition of the JSCD.

· The overlapping of activities could be addressed by redefining the roles and responsibilities of the two defence committees to ensure optimal synchronisation and to avoid duplication.

6. RECOMMENDATIONS

To eliminate duplication, it is recommended that possible new mandates be defined as follows:

Joint Standing Committee on Defence

· The JSCD should consider and report on the employment of the SANDF in fulfilment of international obligations or in defence of the country. It should make recommendations to the House on a declaration of a state of defence by the President.

· It should investigate and make recommendations on all reports submitted to Parliament by the NCACC, including quarterly and annual reports.

· It should conduct a strategic overview of the SANDF with reference to transformation, integration, equity, morale and combat-readiness. The overview should be conducted and recommendations submitted mid-term in the life of a particular Parliament, and a final report should be submitted at the end of the life of that Parliament on the implementation of recommendations contained in the mid-term overview.

· It should liaise and report on civil-military relations.

· It should exercise oversight over and make recommendations on matters pertaining to military veterans.

· It should report to both Houses on any matter referred to it, or in terms of statutes.

· It should report on its activities at least once a year to the two Houses.

Portfolio Committee on Defence and Military Veterans

· The PCODMV should exercise oversight over the Department of Defence and defence-related entities, including the Defence Force Service Commission.

· It should process all defence-related legislation.

· It should exercise oversight over the budget, strategic plan and annual report of the DOD and the Department of Military Veterans.

· It should exercise oversight over the strategic plans and annual reports of all defence-related entities.

· It should exercise oversight over the rationalisation, restructuring, functioning, organisation, structure, staff and policies of the Department.

· It should report on any tasks assigned to it by the House and in terms of statutes.

· It should report on its activities at least once a year to the House.

7. RESOLUTION

Having considered the challenges, both committees proposed that the Chairperson of the PCODMV and the co-Chairpersons of the JSCD should write to the Speaker and the Chairperson (NCOP) respectively to propose amendments to the relevant Rules of Parliament, especially those pertaining to the membership of JSCD for this Fourth Parliament.

Report to be considered