ATC131031: Report of the Ad Hoc Committee to consider and report on the recommendations contained in Public Protector's Report Number 13 of 2013/14, dated 31 October 2013

Report of the Ad Hoc Committee to consider and report on the recommendations contained in Public Protector's Report Number 13 of 2013/14, dated 31 October 2013.

The Ad Hoc Committee was established by resolution of the National Assembly, on 11 September 2013. The mandate of the Ad Hoc Committee as stated in the resolution of the House was:

·         that the Public Protector Report No 13 of 2013/2014 entitled Report on an Investigation into Allegations of Maladministration and Corruption in the Procurement of the Riverside Office Park to Accommodate the Head Offices of the Electoral Commission was tabled on 28 August 2013;

·         that in correspondence to the Speaker, the Public Protector requested that     consideration be given to referring the report to the Electoral Court to allow it to investigate the matter in terms of section 20(7) of the Electoral Commission Act (Act 51 of 1996);

·         to establish an ad hoc committee to consider and report on the recommendations contained in Public Protector Report No 13 of 2013/2014 in so far as they relate to the mandate of the     National Assembly and also to consider the request of the Public Protector that the report be referred to the Electoral Court.

The Ad Hoc Committee met on 19 September, 25 September and 23 October 2013, and received written inputs from:

·         Ms Brigalia Bam, the former chairperson of the Electoral Commission;

·         Ms N F Thoko Mpumlwana, the former deputy chairperson of the Electoral          Commission;

·         Mr Terry Ismael Tselane, the current deputy chairperson of the Electoral Commission;

·         Mr Jan van Schalkwyk, a Corporate Executive in the Office of the Auditor General;

·         Adv Thuli Madonsela, the Public Protector; and

·         Adv Pansy Tlakula, the current chairperson of the Electoral Commission.

In addition, the Ad Hoc Committee received a comprehensive legal opinion drafted by Ms Vuyokazi Ngcobozi and Mr Ntuthuzelo Vanara from the Constitutional and Legal Services Office of Parliament.

At its meeting on 23 October 2013, the Ad Hoc Committee:

(1)        noted the Report of the Public Protector;

(2)        resolved that it was unable to accede to the “recommendations” or requests of the Public Protector addressed to the Speaker of the National Assembly, on the grounds that to do so would be unlawful and/or unconstitutional; and

(3)        recommended that the Electoral Commission, the Department of Home Affairs, the National Treasury and, to the extent that it is already involved, the Auditor General, complete the actions in which they are currently engaged in pursuance of the "Remedial Action" recommended by the Public Protector in this Report, but only to the extent that it is legally permissible.

Report to be considered.