ATC140910: Report of the Portfolio Committee on Home Affairs (the Committee) on an Induction Workshop held on 29 July 2014, dated 9 September 2014
Report of the
Portfolio Committee on Home Affairs (the Committee) on an Induction Workshop held
on 29 July 2014, dated 9 September 2014.
The Portfolio Committee on Home Affairs conducted an
induction workshop on 29 July 2014. Mr BL Mashile, the Chairperson of the
Portfolio on Home Affairs officially opened the workshop. He raised a concern
over the poor attendance of the Committee members. The apologies that were
received were from Dr CP Mulder, Mr MH
he purpose of the workshop was to induct the Committee
members in relation to their roles and responsibilities with regard to
government departments and entities.
urged members to share information with members who could not attend the
following members attended the workshop:
BL Mashile (Chairperson)
Eddy Mathonsi Committee Secretary
Adam Salmon Committee Researcher
Parliament Communication Officer
Head of the Office on the Institutions Supporting Democracy
Presentation by the
on the role and Responsibilities of
Committees in Relation to Government Departments and Entities and Yearly Planning
Researcher briefed the Committee on the mandate and activities of the Committee
in relation to the organs of state. He explained that the Committee conducts
oversight over the Department of Home Affairs (DHA) and Government Printing
Works (GPW). He reported that the Film and Publications Board (FPB) had been
moved to the new established Department of Communications as of 12 July 2014.
He spoke of the legal framework that the DHA and its entities operate under.
These include the Constitution of the Republic of South Africa, the Public
Service Act, the Public Finance Management Act, the Rules of Parliament and the
Money Bills Amendment Procedures and Related Act.
He pointed out that
in terms of the Constitution of the Republic of South
all organs of state are accountable to the National Assembly. The Committees
maintain oversight of executive, organs of state and processed legislation.
With regard to the
Public Service Act, the Director-General is the accounting officer of a
department. He/she is responsible for efficient management of the department including
staff, property and finances. The Government Printing Works (GPW) is a
government component with the Chief Executive Officer as accounting officer.
section 38 (b) of the Public Finance Management Act the accounting officer is
responsible for effective, efficient, economical and transparent use of the
resources of the department, entity or institution. The accounting officer ensures
effective, efficient and transparent financial management and internal control
systems before transferring funds and the accounting officer is responsible for
submitting all reports, returns, notices and other information to Parliament.
The summoning of a
person is only done if a person refuses to appear before the Committee on
A committee must
report to the National Assembly on
All other decisions
taken by it, except those decisions concerning its internal business and its
activities at least once per year.
A committee may:
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.
Conduct public hearings.
Permit oral evidence on petitions,
representations, submissions, and any other matter before the committee.
Meet at a venue determined by it, which
may be a venue beyond the seat of Parliament, and
Meet on any day 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 sitting or during a recess
No member shall
refer to any matter on which a judicial decision is pending.
passed the Money Bill Amendment Procedures and Related Matters Act in 2009.
Through this Act,
committees must annually assess the performance of each national department with
reference to the following:
The Medium Term Estimates of Expenditure
of each national department, its strategic priorities and measurable
objectives, as tabled in the National Assembly with the national budget.
The Expenditure reports relating to such
departments published by the National Treasury in terms of section 32
reports of the Public Financial Management Act.
The financial statements and annual
reports of such departments.
The report of the Committee on Public
Accounts relating to the department, and
Any other information requested by or
presented to a House or Parliament.
The Committee Researcher
reported that the Committees yearly planning cycle consisted of the State of
the Nation Address by the President in February, the Budget Speech by the
Minister of Finance in February, followed by Budget Votes debate, review of the
annual reports of the departments and entities in October, the annual reports
must be tabled to Parliament by the end of September and it is followed by the
Medium Term Budget Policy Statement in October.
Presentation by Committee Secretary on the Legacy
Report of the
Parliament of the Portfolio Committee on Home Affairs
Committee Secretary made the presentation on the Legacy Report of the 4
Parliament. The report outlines the activities that were conducted by the Portfolio
Committee on Home Affairs during the 4
Parliament from May 2009 to
presentation covered the following:
of the Department of Home Affairs.
The Department must ensure the
efficient determination and safeguarding of the Identity and status of
citizens and the regulation migration to ensure security, promote
development and fulfill our international obligations.
of the Department of Home Affairs.
The Electoral Commission (IEC)
its responsibility is to manage elections and to establish and maintain
the voters roll.
Government Printing Works (GPW)
its role is to provide security printing to government departments,
provincial government and local authority.
Film and Publications Board (FPB)
it regulates the creation, production, possession and distribution of
films, interactive computer games and publications and it is also
responsible for monitoring adult premises.
of the Committee.
To consider legislation referred to it.
To exercise oversight over the Department of Home Affairs and its
To consider international agreements referred to it.
To consider the budget vote of the Department.
To facilitate public participation in its processes.
To facilitate appointments to statutory bodies, and
To consider all matters referred to it in terms of legislation, the
Rules of Parliament or Resolutions of the House.
of work of the Committee
Provincial Managers of the
Department of Home Affairs were invited to brief the Committee on the
state of their respective provinces before the Annual Report was tabled
and scrutinized by the Committee.
The Committee undertook oversight
visits to offices of the Department of Home Affairs and Ports of Entry.
highlights during the 4
Oversight visits to provinces, including Ports of Entry,
Repatriation Centre and Refugees Reception
The Introduction of the ID Smart Card as part of the Department of
Home Affairs Modernisation Programme.
The Committee amended seven pieces of legislation and a decision
was made that the Refugee Reception Offices would be moved closer to the
Children would be registered within 30 days after birth.
Allowing South Africans living abroad to vote in national elections
starting from 2014 elections.
visits and international study tour
The Committee participated in a
joint oversight visit with other parliamentary committees to check the
readiness of the host cities for 2010 FIFA World Cup.
In addition, the following
provinces were visited by the Committee:
The Film and Publications Board and Electoral Commission were
visited. There is an outstanding oversight visit to Government Printing
The GPW has also
invited the Committee.
The Committee participated in one international study tour to
Russia in 2012.
The South African Citizenship
Amendment Bill [B17-2010].
The Births and Deaths
Registration Amendment Bill [B18-2010].
The Local Government: Municipal
Electoral Amendment Bill [B27-2010].
The Refugees Amendment Bill
The Immigration Amendment Bill
The Electoral Amendment Bill
The Electoral Amendment Bill
There was only one agreement
processed by the Committee an Agreement between the Republic of South
Africa and the Government of the Kingdom of Lesotho on the facilitation of
cross-border movement of citizens of the Republic of South Africa and the
Kingdom of Lesotho. The agreement was not approved by the Committee.
The Committee recommended to the
House for the appointment of a Commissioner in May 2011 before the Local
Commissioners were recommended for
appointment by the House in 2011. Commissioners are appointed for a period
of seven years.
focus areas during the 4
Modernisation Programme of the Department of Home Affairs.
Identity Document duplicate cases.
Late Registration of Births (LRBs).
requiring attention in the 5
Closure of the Refugee Reception Offices and moving them closer to
the land borders.
Modernisation Programme and roll out of the Live Capture for the ID
Smart Cards and passports in all offices.
Filing of priority and vacant funded posts.
Obstacles encountered with the Department of Public Works (DPW) in
acquiring new offices by the Department of Home Affairs and Government
Duplicate cases of Identity Documents.
Finalisation of the Regulations related to the Immigration and
Refugees Amendment Bills.
Phasing out of Late Registration of Births.
The Committee to learn more on issues of regional integration as it
relates to immigration on the African continent and on fast facilitation
of recruitment of scarce skills from other parts of the world.
Better monitoring and management of migrants within the country.
The development of Migration Policy by the Department of Home
On the Study Tour to Russia, the Russian Federation is interested
in forging cooperation with South Africa in the area of higher education.
The focus area could be in the area of Information Technology and IT
security and establishing exchange programmes.
United Nations High Commissioner for Refugees (UNHCR)
Law Society of South Africa (LSSA)
People Against Suffering Suppression, Oppression and Poverty (
for Refugees and
Migrants in South Africa (
Forum of Immigration Practitioners of South Africa (FIPSA)
University of Cape Town Law Clinic
African Centre for Migration and Society (ACMS)
Lawyers for Human Rights
Centre for Development and Enterprise
Citizenship Rights Africa Initiative (CRAI)
Commission for Gender Equality (CGE
Presentation by the Acting Head of Office on
Institutions Supporting Democracy (OISD)
, Acting Head of
the Office on Institutions Supporting Democracy (OISD), presented on the Role
of Parliament in relation to Chapter 9 Institutions or Institutions Supporting Democracy
(ISDs). He reported that the OISD was created in 21 November 2008 by resolution
of the National Assembly. The OISD was created to:
Provide strategic support and advise the
Speaker and Deputy Speaker on matters relating to ISDs.
Strengthen relationship between ISDs and
Coordinate communication between the
National Assembly and the ISDs.
Increase the impact made by the ISDs in
the National Assembly.
Facilitate the increased use of ISDs by
the National Assembly for increased complimentary oversight impact.
Support the National Assembly in its
oversight responsibility over ISDs.
He further reported
that the OISD interacts with committee on matters relating to appointment of
members of ISDs, complaints by or against ISDs, reports submitted by ISDs,
general requests from ISDs, requests from the Portfolio Committees and
governance within ISDs.
between Parliament and ISDs is threefold:
Support relationship Organs of state
should help and protect the ISDs to ensure their independence,
impartiality, dignity and effectiveness.
Accountability relationship these institutions
are accountable to the National Assembly and must report on their
activities at least once a year.
Oversight relationship the National
Assembly is required to maintain an oversight of any organ of state.
Oversight seeks to detect and prevent abuse, arbitrary behavior, or
illegal and unconstitutional conduct. The ISDs also act as watchdogs and
report to Parliament on their findings and recommendations.
He indicated that
these institutions and Parliament have a complex working relationship.
It is complex because these institutions
receive funding from government and have to account to the National Assembly.
As a result they confuse accountability with interference.
He reported the following as challenges often raised
by the ISDs:
Little time allocated to interact with committees.
Short notice meetings.
No feedback from Parliament, and
Presentation by the House Chairperson on roles, responsibilities
and expectations for the Committee.
Mr BL Mashile,
Chairperson of the Committee, welcomed Mr CT
He indicated that Mr CT
had advised the
Committee to hold its own strategic planning workshop outside Parliament. In
that strategic planning workshop, the Committee could invite the DHA and entities.
The strategic planning workshop could be conducted even though Parliament had
not finalized its own strategic planning. The Committee Strategic Plan could
then be updated once Parliament has finalized its Strategic Plan.
encouraged members of the Committee to attend future
training on the election observer mission training. He gave a detailed
presentation on the relationship between the Chapter 9 Institutions and
Parliament. He said that these institutions were created in terms of the Constitution.
He urged the Committee to have a thorough understanding of the roles of these
institutions, particularly the Electoral Commission.
He informed the
Committee that these institutions had been invited to brief the joint
committees in the second term of the 5
Parliament on their roles
He emphasized that
it was important that the committee interacts with the Auditor-General (AG) to
assist it with the information on the audit outcomes of the DHA and its
entities. He stressed that the interactions with the AG was necessary for the
Budgetary Review and Recommendations Report (BRRR) as the process of the BRRR
is an ongoing one. Mr
Chairperson of the PC on Home Affairs to regularly interact with the
Chairperson of the Standing Committee on Appropriations.
and adoption of the Second Term
Programme of the Portfolio Committee on Home Affairs
Secretary presented the Second Term Programme and it was adopted. The first
meeting of the Committee would commence on 19 August 2014 with a meeting with
the Electoral Commission. The IEC would brief the Committee on its roles and
mandates as well issues requiring immediate attention. The second meeting would
be on 26 August 2014 with the Department of Home Affairs on the Immigration
Regulations. The Committee would thereafter conduct an oversight visit to the
Department of Home Affairs in Barrack Street in Cape Town. The oversight visit
would be followed by a meeting with the Government Printing Works on 2
September 2014. Government Printing Works would brief the Committee on its roles
and mandates as well as issues requiring immediate attention.
was scheduled to brief the Committee on 9 September 2014 on the audit outcomes
of the Department of Home Affairs. The Auditor-General would focus on the past
audit outcomes and the last meeting of the Committee would be with the
Department of Home Affairs on 16 September 2014 on the First Quarter
Expenditure and Performance Reports.
Committee adopted the programme without amendments.
Consideration and adoption of the minutes of
the meeting held on 8 July 2014.
The minutes of the
meeting held on 8 July 2014 was adopted with amendments
8.1. The Committee resolved
that the Committee Secretary should get a list of the Identity Document
duplicate cases from the DHA.
8.2 The Committee members
present at the workshop should share the workshop information with other
members who were not able to attend the workshop.
Closing Remarks by the Chairperson
thanked the members for their attendance and adjourned the workshop.
No related documents