ATC140328: Legacy Report of the Select Committee on Security and Constitutional Development (June 2009 – March 2014)

NCOP Security and Justice

LEGACY REPORT OF THE SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL DEVELOPMENT (June 2009 – March 2014)

 

 

 

 

1. INTRODUCTION

 

1.1 Constitutional Mandate of the Select Committee on Security and Constitutional Development

 

The Select Committee on Security and Constitutional Development (“the Select Committee”) is a multi-party committee consisting of ten permanent members and five alternative members from all nine provinces. Mr Tjheta Mofokeng (Free State, MP) chairs the Committee. Members of the Select Committee also share membership with the Select Committees on Co-operative Governance and Traditional Affairs; and Petitions. S upport staff includes the Committee Secretary, Committee Researcher, Committee Assistant and Content Adviser.

 

T he Select Committee oversees the Departments of Correctional Services, Safety and Security, Justice and Constitutional Development and Defence and Military Veterans, and their entities. It also interacts with civil society and stakeholders of the respective departments reporting to it. It derives its mandate from the Constitution, the Joint Rules of Parliament and the Rules of the National Council of Provinces (NCOP) and must exercise its oversight function over the above departments in accordance with the Rules of Parliament and the powers given to the National Council of Provinces and its Committees in terms of Chapter 4 of the Constitution.

 

The Committee’s role and responsibilities are also informed by the broader strategic objectives and strategic priorities of the NCOP contained in the draft Strategic Framework Plan, which is aligned with the Medium Term Strategic Framework of Government. In addition Government’s priorities as spelt out in the State of the Nation Address also impacts on Committee priorities. The Committee also adopted its own strategic plan which has been aligned with the NCOP’s Strategic Framework Plan.

 

1.2 Broader Strategic and Operational Framework: 2009-2014

1.2.1 Strategic Objectives of the National Council of Provinces

 

· Promote provincial interests and adherence by the three spheres of government to the principles of co-operative government and intergovernmental relations;

· Follow up on the implementation of government priorities as identified for the three spheres of Government;

· Enhance public participation programmes through educating the people, especially in rural villages, and creating forums for public consideration of issues affecting provinces; and

· Initiate and implement programmes aimed at assisting the vulnerable groups in society by ensuring that the NCOP contributes towards building a Parliament that is responsive to the needs of the electorate.

 

1.2.2 NCOP Strategic priorities applicable to the Mandate of the Select Committee on Security and Constitutional Development

Strategic Priority 2: Massive programme to build economic and social infrastructure

Strategic Priority 4: Strengthen the skills and human resource base

Strategic Priority 6: Intensify the fight against crime and corruption

Strategic Priority 7: Build cohesive, caring and sustainable communities

Strategic Priority 9: Sustainable Resource Management and use

Strategic Priority 10: Building a developmental state including improvement of public services and strengthening democratic institutions

 

2. DEPARTMENTS AND ENTITIES OVER WHICH THE COMMITTEE EXERCISES OVERSIGHT

2.1 Department of Correctional Services (DCS)

The Department of Correctional Services works towards effective and humane incarceration of inmates, rehabilitation and social reintegration of offenders

 

ENTITY

 

Judicial Inspectorate for Correctional Services : The Judicial Inspectorate of prisons is an independent office under the control of the Inspecting Judge. The object of the Judicial Inspectorate is to facilitate the inspection of prisons in order that the Inspecting Judge may report on the treatment of prisoners in prisons and on conditions in prisons.

 

STAKEHOLDER

 

National Institute for Crime Prevention and Reintegration of Offenders (NICRO) : NICRO offers innovative developmental and therapeutic programmes for offenders, their families and their victims and helps to build the capacity of communities and individuals to turn their backs on crime.

 

2.2 DEPARTMENT OF DEFENCE AND MILITARY VETERANS

 

South African Navy : The core business of the SA Navy is fighting at sea, and its aim is to provide prepared and supported maritime defence capabilities for the defence and protection of South Africa.

South African Air Force: The core business of the SA South African Air Force is fighting in the air, and its aim is to provide prepared and supported air defence capabilities for the defence and protection of South Africa.

South African Defence Force (Army):

Department of Military Veterans: Responsible for the overall management and administration of military veterans affairs, including, but not limited to developing policy, legislation, programmes, benefits and services that facilitate the transition from active service to civilian life.

Secretariat of Defence: Responsible for ensuring robust and healthy civil-military relations. It advises the Minister on all aspects relating to defence policy, programmes and budgets, performs the financial accounting function within the Department of Defence, and takes responsibility for interdepartmental and parliamentary liaison on behalf of the Department.

 

ENTITIES

T he Armaments Corporation of South Africa Ltd ( Armscor ): Armscor is classified as a Schedule 2 entity under the PFMA and is the officially -appointed acquisition organisation for the South African Department of Defence and with the approval of the SA Minister of Defence, also renders a professional acquisition service to other government departments and public entities.

National Conventional Arms Control Committee (NCACC): The NCACC was established in terms of the National Conventional Arms Control Act 41 of 2002 to implement Government policy regarding trade in conventional arms which is in accordance with international law and the guiding principles and criteria; and is applicable to the control and regulation of trade in conventional arms. The NCACC must protect the economic and national security interests of the Republic by ensuring adequate control of trade in conventional arms in accordance with policy and control over trade in conventional arms.

Castle Control Board: A public entity under the PFMA with the mandate of managing and protecting the Castle of Good Hope on behalf of the DOD&MV and has the ultimate ownership responsibility for the Castle.

Defence Force Service Commission: This Commission is responsible for making recommendations to the Minister concerning conditions of service of SANDF members.

 

2.3 DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT

 

National Prosecuting Authority provides a co-ordinated prosecuting service that protects certain witnesses and removes the profit from crime. (The Asset Forfeiture Unit is not a separate entity but a sub-programme of the NPA.)

 

ENTITIES

Legal Aid Board provides independent and impartial legal aid to indigent people and legal representation at the states expense to eligible people in terms of the Constitution. It provides services in all district, regional and high courts.

Special Investigating Unit was established in terms of the Special Investigating Unit and Special Tribunals Act (1996) and investigates cases referred to it by the President. It provides professional forensic investigating and litigation services to combat maladministration, corruption and fraud at national, provincial and local levels.

 

2.4 INSTITUTIONS SUPPORTING CONSTITUTIONAL DEMOCRACY (CHAPTER 9 INSTITUTIONS) – In terms of the Constitution Chapter 9 Institutions (including the South African Human Rights Commission, Office of the Public Protector and Commission for Gender Equality) are accountable to the National Assembly. In the future, the Committee should work towards ensuring the building of closer relationships with Chapter 9 institutions to ensure their involvement in the oversight activities of relevant departments accountable to the NCOP Committee.

 

FUNDS

Guardians Fund is a statutory trust established in terms of Chapter V of the Administration of Estates Act 66 of 1965. It consists of all monies received by Masters of the High Court under the Administration of Estates Act or any money accepted in trust or any known or unknown person. The Fund is held under the management of the Masters of the High Court.

Third Party Funds - the Department of Justice and Constitutional Affairs acts as an agent for the receipt and payment of funds on behalf of other parties, typically the National Revenue Fund and other state departments. These funds include admission of guilt fines, bail, court fines, maintenance, and compensatory fines.

Presidents Fund provides funding for reparations flowing from the findings of the Truth and Reconciliation Commission.

Represented Political Parties Fund provides funding for political parties participating in Parliament and the provincial legislatures. The Independent Electoral Commission (IEC) manages the fund; and funds are paid over to political parties in accordance with the number of their representatives in national and provincial government.

2.5 DEPARTMENT OF POLICE

The Department of Police serves to: prevent, combat and investigate crime, maintain public order, protect and secure inhabitants of South Africa and to uphold and enforce the law.

 

South African Police Service (SAPS)

 

The Directorate of Priority Crimes Investigations (DPCI) is currently a department under the Detective Branch of the SAPS. The Constitutional Court has ruled in Glenister v President of the Republic of South Africa and Others [1] that Chapter 6A of the South African Police Service Act, dealing with the establishment of the Directorate for Priority Crime Investigation (which replaced the Scorpions), was unconstitutional. The Constitutional Court, in its judgment, found that the creation of ‘‘a separate crime fighting unit within the South African Police Service was not in itself unconstitutional’’ as the Constitution imposed an obligation on the State to establish and maintain a body with necessary independence or ‘adequate independence’ to combat corruption and organised crime, comprising operational, financial and structural independence. The Department of Police subsequently sought to give effect to the court’s judgment in the South African Police Service Amendment Bill [B7-2012], which was later enacted as the South African Police Service Amendment Act No 10 of 2012 .

 

On 13 December 2013, however, the Western Cape High Court in Helen Suzman Foundation vs the President and others, [2] declared the relevant sections relating to the DPCI in the South African Police Service Amendment Act No of 2012, to be unconstitutional. The court felt that these provisions did not give an ‘adequate degree of independence’ to the DPCI as set out by the Constitutional Court in the Glenister case. Although the court gave Parliament 12 months to remedy the legislation, the Constitutional Court must confirm the Western Cape High Court’s order of constitutional invalidity. In addition to filing an application for confirmation of the order, the Helen Suzman Foundation has launched an appeal for further declarations of invalidity in respect of provisions that were not dealt with in the High Court judgement. The State respondents have appealed the decision of the Western Cape High Court. In terms of directions issued by the Constitutional Court, the application for confirmation and the appeal will be heard on 15 May 2014. Any possible amendments to the Act will most likely have to be dealt with by the Fifth Parliament as the matter will most likely only be heard in May 2014 (or later).

 

ENTITIES

Civilian Secretariat for the Police Services .

The Civilian Secretariat's mandate includes:

· providing the Minister with policy advice and research support;

· developing departmental policy through qualitative and evidence-based research;

· providing civilian oversight of the Police Service through monitoring and evaluating overall police performance;

· mobilising role-players, stakeholders and partners outside the department through engagements on crime prevention and other policing matters;

· and providing other support services to the Minister in pursuit of achieving his/her mandate.

The Secretary for Police as Head of the Civilian Secretariat is accountable to both the Minister and Parliament.

Independent Police Investigative Directorate (IPID) . The IPID’s mandate will investigate more serious and priority crimes committed by members of SAPS and the Metro Police, in particular, the discharge of a police firearm; rape by a police officer; rape while in police custody; torture or assault; and corruption and systemic corruption. The IPID also aims to improve reporting and accountability practises in the directorate; establish a formal liaison capacity between the IPID and the Civilian Secretariat of Police; and enforce compliance by SAPS of recommendations made in respect of SAPS members.

Private Security Industry Regulatory Authority . The objective of PSIRA is to regulate the private security industry and to exercise effective control over the practice of the occupation of security service provider in the public and national interest, and the interest of the private security industry itself.

 

3. OBJECTIVES OF THE REPORT

 

The report aims to:

 

· Review the work of the Committee in Parliament by measuring its performance in respect of the Bills passed, over the period of review (June 2009 - March 2014).

· The report will be a useful tool for the Committee in re-establishing its mandate during the fifth Parliament in 2014.

· The report will enable the Committee to assist with its strategic plan for the next five years.

· Provide a record of the activity of the Committee and participation by the Members during its term.

· The report will consider the Committee’s progress, performance and participation in the House.

 

4. OVERVIEW OF COMMITTEE WORK FROM 2009 – 2014

 

4.1 Number of meetings held by the Committee

 

The Committee held 112 meetings during the period 2009 – 2013.

Year	Meetings held	Meetings cancelled or postponed
2009	16	4
2010	25	4
2011	23	0
2012	19	1
2013	29	2
2014	13	0

 

4.2 Bills and International Agreements adopted by the SC Security and Constitutional Development

 

The Committee processed and adopted the following Bills:

 

Table 1

 

No.	Bill	Date Adopted
1.	Repeal of the Black Administration Act and Amendment of Certain Laws Amendment Bill [B15-2009] (National Assembly – sec 75)	17 November 2009
2.	Correctional Matters Amendment Bill (B41B-2010) (National Assembly – sec 75)	23 March 2010
3.	Criminal Law (Forensic Procedure) Amendment Bill (B2B-2009) (National Assembly – sec 75)	17 August 2010
4.	Defence Amendment Bill [B11B-2010] (National Assembly – sec 75)	10 November 2010
5.	Magistrates’ Courts Amendment Bill [B23B-2010] (National Assembly – sec 75)	10 November 2010
6.	Repeal of the Black Administration Act and Amendment of Certain Laws Amendment Bill [B37B-2010] (National Assembly – sec 75)	10 November 2010
7.	Regulation of Interception of Communications and Provision of Communication-related Information Amendment Bill [B 38 – 2010] (National Assembly – sec 75)	17 November 2010
8.	Civilian Secretariat for Police Service Bill [B16B-2010] (National Assembly – sec 76)	9 March 2011
9.	Independent Police Investigative Directorate Bill [B15B-2010] (National Assembly – sec 76)	9 March 2011
10.	State Liability Amendment Bill [B 2B – 2011] (National Assembly – sec 75)	22 June 2011
11.	Military Veterans Bill [B 1B – 2011] (National Assembly – sec 75)	19 October 2011
12.	Protection from Harassment Bill [B 1B – 2010] (National Assembly – sec 75)	19 October 2011
13.	Military Ombud Bill [B 9B-11] (National Assembly – sec 75)	2 November 2011
14.	Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Bill [B 19 – 2012] (National Assembly – sec 75)	5 June 2012
15.	Implementation of the Geneva Conventions Bill [B 10B – 2011] (National Assembly – sec 75)	5 June 2012
16.	Criminal Procedure Amendment Bill [B 39B – 2010] (National Assembly – sec 75)	9 June 2012
17.	South African Police Service Amendment Bill [B 7B – 2012] (National Assembly – sec 75)	8 August 2012
18.	Judicial Matters Amendment Bill [B 11B – 2012] (National Assembly – sec 75)	15 August 2012
19.	Sheriffs Amendment Bill [B 2B – 2012] (National Assembly – sec 75)	31 October 2012
20.	Protection of Personal Information Bill [B 9B – 2009] (National Assembly – sec 75)	28 November 2012
21.	Repeal of the Black Administration Act and Amendment of Certain Laws Amendment Bill [B40-2012] (National Assembly – sec 75)	28 November 2012
22.	Superior Courts Bill [B7B-2011] (National Assembly – sec 75)	19 March 2013
23.	Prevention and Combating of Trafficking in Persons Bill [7B – 2010] (National Assembly – sec 75)	19 March 2013
24.	Prevention and Combating of Torture of Persons Bill [B 21B- 2012] (National Assembly – sec 75)	20 May 2013
25.	Criminal Procedure Amendment Bill [B 26B- 2012 ] (National Assembly – sec 75)	12 June 2013
26.	Dangerous Weapons Bill [B 37B-2012 ] (National Assembly – sec 75)	12 June 2013
27.	Protection of Personal Information Bill [B 9B- 2009 ] (National Assembly – sec 75)	11 June 2013
28.	Criminal Law (Forensic Procedures) Amendment Bill [B 9B-2013] (National Assembly – Sec 75)	15 October 2013
29.	Judicial Matters Amendment Bill [B7 D–2013 (S75)]	19 Novem . 2013
30.	Judicial Matters Second Amendment Bill [B 51-13 (s75)]	19 Novem . 2013
31	South African Human Rights Commission Bill [B 5B – 2013 (s75)]	20 Novem . 2013
32	Judicial Matters Third Amendment Bill [B 53-13 (s76)]	4 March 2014
33	Private Security Industry Regulation Amendment Bill , [B27D-2012] (National Assembly – sec 75)	4 March 2014
34	Legal Practice Bill [B20D-2012 (National Assembly – Section 76)	5 March 2014
35	Determination of Remuneration of Office Bearers of Independent Constitutional Institutions Laws Amendment Bill [B31B-2013] (S75)	18 March 2014
36	State Attorney Amendment Bill [B 52B– 2013 (S76) ]	25 March 2014

 

Table 2

 

No.	Bill	Reasons
1.	Traditional Courts Bill [B1 – 2012] (NCOP – sec 76]	The Committee requested an extension beyond the six-week cycle as certain provinces required more time to conclude their public hearings on the Bill. The Committee again referred the Bill back to provinces to confirm the provincial positions on the Bill in October 2014. The Committee scheduled the Bill for conclusion in February 2014 but the NCOP did not reinstate the Bill in terms of NCOP Rule 238. The Bill therefore lapsed at the end of 2013.

 

During 2009, the Committee adopted one Bill after its referral from the NA, six in 2010, six in 2011, eight in 2012 and seven in 2013. The average time it took to process legislation, especially the section 76 pieces of legislation that required consultation with Provinces, especially the Traditional Courts Bill, took considerably longer.

In total, the Committee processed 36 Bills during the period under review.

4.3 International Agreements

During the period under review the Committee dealt with 15 international agreements.

	Date	Agreement
1	13 October 2009	Protocol of Amendments to the International Hydrographic Organisation Convention
2	28 October 2009	Agreement between the Government of the Republic of South Africa and the Government of the Hong Kong Special Administrative Region of the People’s Republic of China concerning Mutual Legal Assistance in Criminal Matters, tabled in terms of section 231(2) of the Constitution, 1996,
3	28 October 2009	Agreement between the Government of the Republic of South Africa and the Government of the Hong Kong Special Administrative Region of the People’s Republic of China concerning Surrender of Fugitive Offenders, tabled in terms of section 231(2) of the Constitution, 1996,
4	26 May 2010	Proclamations made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities Act, 2004 (Act No. 33 of 2004) ,
5	10 November 2010	Amendments to the Convention on Prohibitions or Restrictions on the use of Certain Conventional Weapons which may be deemed to be excessively Injurious or to have Indiscriminate effects (CCW) , tabled in terms of section 231(2) of the Constitution of the Republic of South Africa, 1996 ,
6	2 March 2011	Proclamations made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities Act, 2004 (Act No. 33 of 2004) ,
7	16 November 2011	Proclamations made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities Act, 2004 (Act No. 33 of 2004) ,
8	20 June 2012	Extradition Treaty between the Government of the Republic of South Africa and the Islamic Republic of Iran, tabled in terms of section 231(2) of the Constitution, 1996,
9	20 June 2012	Agreement between the Government of the Republic of South Africa and the Islamic Republic of Iran concerning Mutual Legal Assistance in Criminal Matters, tabled in terms of section 231(2) of the Constitution, 1996,
10	28 November 2012	Proclamations made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities Act, 2004 (Act No. 33 of 2004) ,
11	12 June 2013	Proclamations made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities Act, 2004 (Act No. 33 of 2004) ,
12	31 July 2013	Extradition Treaty between the Republic of South Africa and the Republic of Korea,
13	31 July 2013	Mutual Legal Assistance between the Republic of South Africa and the Republic of Korea,
14	11 September 2013	United Nations International Covenant on Economic, Social and Cultural Rights, tabled in terms of Section 231(2) of the Constitution, 1996 ,
15	18 February 2014	Proclamations made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities Act, 2004 (Act No. 33 of 2004) ,

 

4.4 Study Tours and Oversight Visits

4.4.1 Study Tours

 

In 2012 the Committee, together with the Petitions and Cooperative Governance and Traditional Affairs Select Committees undertook two joint international study tours – one to Germany and the other to Uganda.

 

Study Tour to Uganda 29 June to 7 July 2012

 

Particular areas of interest that motivated the study tour to Uganda from 29 June to 7 July 2012, included interacting with:

(a) Members of the Ugandan Parliament and legislative branch (observe Parliamentary and court processes);

(b) the ministries overseeing the (i) police, (ii) prisons and (iii) Uganda Peoples Defense Force (Army, Marine Unit, Air Force), with the view to learn about possible solutions and systems which could be beneficial to the South African departments and the South African Parliament.

However, to accommodate the diverse mandates of the Committees represented in the Joint Study tour, the programme did not allow for an opportunity for the delegation to visit prisons, courts and police stations. Meetings relevant to the Select Committee’s mandate were those with the Parliament of the Republic of Uganda (including observing a sitting of the Ugandan Parliament from the Distinguished Strangers Gallery with recognition and welcome extended by the Deputy Speaker and the House). The delegation also interacted with the Committees on Legal and Parliamentary Affairs (CLPA) and the Committee on Defence and Internal Affairs (CDIA). The delegation also met with the Buganda Kingdom, the Wakiso District Council, and the Foundation for Human Rights Initiative (FHRI).

 

Study Tour to Germany 24 to 28 September 2012

 

During the study tour to Germany from 24 to 28 September 2012 the Delegation also had an opportunity to observe the working of the Bundesrat (the German second chamber) which served as a model when the South African National Council of Provinces was conceptualised. Delegates also shared information with the various departments and their Parliamentary counterparts with the view to learning about possible solutions and systems, which could be beneficial to the South African departments and the South African Parliament. In particular, the Select Committee delegates benefitted from the discussion scheduled with the Federal Ministry of Interior regarding the German police, border control, co-operation with other federal ministries and agencies in security sector. The meeting with the Parliamentary Portfolio Committee on Justice of the Bundestag (the Assembly or first chamber) focussed on the mandate of committee and the criminal justice system. The delegation also met with the heads of the Federal Administrative Court Leipzig and engaged on the mandate and work of the court. They also met with the Federal Ministry of Justice.

 

4.5 Oversight visits

 

Table 3

Date	Department/Facility visited	Province
17-20 August 2009	Northern Cape Oversight	Northern Cape
25 February 2010	Meeting with the Magistrates Commission on the processing of reports on suspended magistrates	Pretoria
17-18 March 2010	Eastern Cape Oversight	Eastern Cape
6 September 2011	Meeting with Western Cape Provincial Commissioner on the gang management strategy for the Western Cape and site visit of affected police stations	Western Cape
16 January 2013	Groenpunt Prison	Free State

 

5. COMMITTEE ACHIEVEMENTS

 

· The manner in which the Members of the Committee worked together and assisted each other as there were no divisions in the Committee. The cooperation between the opposition and majority party Members in the Committee was good.

· The ability of the Committee to finalise all legislation referred to it within the year with the exception of the Traditional Courts Bill.

· The willingness of the Committee to convene meetings during oversight visits.

· The Bills processed by the Committee was never the subject of a legal challenge.

· The Committee worked well and dealt with the following pieces of legislation effectively:

· Magistrates Commission and reports.

· the Protection of Personal Information (POPI) Bill.

· the Police Bill and in the policing sector.

· the Independent Police Investigative Directorate (IPID) Bill and the Civilian Secretariat for Police Services (Secretariat) Bill.

· Committee dealt with Lohatla land claims issue at army training school and met with Defence and the Land Claims Commission in Kimberley.

· The committee maintained good relationships with other Committees in the NCOP and particularly with Petitions and COGTA.

· The chairpersons of the Committees collaborate, are flexible and are accountable.

· The knowledge of the Members of the Committee has been growing.

· The Portfolio Committee on Defence approved taking powers from the President and giving it to a Chapter nine institution. The NCOP picked this up and said it must remain in the Presidency.

· Departments are now able to account for their own actions and are now more prepared when they attend meetings.

· The majority of stakeholders were of the view that they thought the Members of the Committee were well- briefed and knew their topics and that they thought the questions posed by Members were well thought-through and relevant.

 

 

6. CHALLENGES FACED BY THE COMMITTEE

 

The following key challenges were identified:

 

6.1 Oversight visits to departments was a key area where Members felt that they had not done enough and did not receive the opportunity to do more. Some Members also noted that they were limited in the area of study tours and only attended study tours to Uganda and Germany. Others noted that when this happens, all the Members should attend not only the Committee and Chief Whips. It was clear from the interviews that Members wanted more exposure to oversight and study tours.

 

6.2 Another challenge for Members of the Committee was the fact that they correctly identified key problems in departments, but did not have the power to change things. One example mentioned by Members was the fact that the Committee did not get the opportunity of addressing the gender imbalance and suicides in the South African Police Service.

 

6.3 Another key challenge was the time available for Members of the Committee to focus on all the departments that they had oversight of equally. One of the departments that Members singled out was the Defence department and some felt that there should have been more visits to Air Force bases. Others lamented the lack of time available for Committee meetings, as they had to share their time with other Committees.

 

6.4 The continual change of the Parliamentary programme was a problem that often disrupted the smooth flow of Committee programmes. Often this also affected planned oversight visits.

 

6.5 In addition, the fact that the Committee shares Members with two other Committees, i.e. SC on Petitions and the SC on Cooperative Governance and Traditional Affairs, did not afford the Committee sufficient time to undertake oversight visits. The sharing of Members also affected the debating time that Members have in Committees because they were always rushing from one meeting to the next.

 

6.6 The Members also noted that staffing was an issue because the Committee lacked legal advisers and that it was a serious challenge because they should understand complex legal matters that included in legislation. In addition, the Committee Secretary and the researcher had to do all the work before a Content Adviser joined the Committee in October 2012. This, according to some Members, made the work of the Committee easier.

 

6.7 Other Members raised the internal briefing sessions of the committee as a challenge and wanted more time to deliberate as a Committee prior to meeting with departments. They noted that the Committee did not have enough time for its planning and preparation.

 

6.8 However, some Members were unhappy with the manner in which the National

Assembly Committees dealt with legislation and noted that the NCOP had been making more amendments to Bills in recent years

 

6.9 Taking Parliament to the People and Provincial Week were challenges as it takes away from the oversight programme of the Committee and would often not form part of the Committee’s own programme for follow up visits.

 

6.10 There was never enough time for the Committee to reflect on its work and follow up with Departments. Dealing with four Departments with the same staff compliment was a challenge because sometimes the amount of work was overwhelming.

 

6.11 The Committee has not really dealt with the Defence Department and there were two other Committees: the Joint Standing Committee and the Portfolio Committee on Defence whose mandates overlapped. The Security Committee has only dealt with proclamations on Defence and not budgets.

 

 

7. KEY OBSERVATIONS

 

The relationship between Members is very strong and there is collegiality and support for each other in the Committee, despite party affiliations. The Members of the Committee work in a team even when there is controversial legislation to be processed. The strength of the Committee is clearly in the relationships forged between the Members over the period of their term.

 

The Committee is clear about its role and function and there is a clear reliance on the experience of Members when processing legislation. This is particularly concerning especially when the Members are required to deal with complex pieces of legislation and they require legal support.

 

Most, if not all of the Members demonstrated a commitment to the vision of Parliament and work hard to give effect to it. The NCOP is really close to the Provinces and Members are attuned to the needs of the Provinces. The Taking Parliament to the People programme allows Members to work quite closely with people throughout the country.

 

Some Members were not able to read all the documents for particular meetings, especially if there were many documents, briefs etc. However, this does not prevent them from interacting with the issues raised by the legislation.

 

The relationship between Members and staff is collegial, supportive and professional.

 

8. GENERAL RECOMMENDATIONS

 

8.1 Knowledge and Training:

 

· The Committee must follow its Strategic Plan despite changes in the Parliamentary programme.

· All new Members need to attend the parliamentary induction training, which should ideally include a session or module on legal drafting.

· Induction training should include training on Departmental Annual Performance Plans and Strategic Planning documents and how to process a bill from beginning to end.

· Knowledge of the Constitution: Members have to familiarize themselves with the provisions of the Constitution.

· Members also need to know what their oversight powers and responsibilities are in terms of the Constitution and other pieces of empowering legislation.

· Members must know the various legislative processes for sections 74, 75, and 76 Bills.

· Members need to be able to read budgets, as this is essential for a new Member. They should understand the Medium Term Expenditure Framework (MTEF) processes and financial processes.

· One Member indicated that it was important for Members to understand the matters that drive the Committees, which are the separation of powers, operational rules and external relations with stakeholders. More importantly, the Member must understand the communication strategy of Parliament and the Committee. In addition and more importantly, they should also understand the purpose, meaning and role of public participation and oversight.

· All Members should go for refresher training designed and offered by Parliament to deal with processing legislation.

 

8.2 Committee Operations:

 

· Reading documents was also a pre-requisite for being a successful Member.

· The Members of the Committee should prepare better for meetings by reading all the briefing documents prepared for the Committee.

· A Member noted that one of the key areas for improvement is the review of the strategic plan of the Committee and the synergy that is required in the results of its work. An example of the synergy that is required should be briefings on the National Criminal Asset Recovery Fund as well as the Guardian Fund.

· One Member noted that the Committee did not do a lot of work on financial and appropriation issues and stated that the staff of the Committee should brief the Committee on these matters.

· Other Members indicated that the quality of oversight would improve if the Chairperson can exercise his discretion and call Members for closed session briefings. Members felt that this would help tremendously to prepare for hearings with departments.

· Staff members were of the opinion that having committee preparation meetings to brief members on the documents was one way of addressing challenges. It would assist members with regard to the issues they need to deal with. Other proposals included a proposal for the Committee Secretary to be very strict with respect to changing programmes so that Members could do their oversight work.

· Members should also receive electronic devices that would enable members to receive documents. This would eliminate the distribution problems and members would have the documents with them in Committee meetings or on oversight visits.

· The Committee should consider dividing its time equally between the four departments it has oversight of. The Committee should plan and execute more oversight visits to Departments.

· The Committee should consider joint briefings with the portfolio committees when it comes to processing Bills and preparing for Annual Report and Budget hearings. The Committee should consider more joint oversight visits with other National Assembly committees.

· The Committee should consider its relationships with government departments and the public with a view to improving how these departments make presentations on Bills.

· The Committee should provide more time for its management meetings and should ideally have its own management meetings, apart from the joint management meetings held with the two other select committees.

· The Committee should consider planning additional weekly meetings processing legislation more often to deal with the time constraints it faces.

 

8.3 Oversight Recommendations:

 

· SAPS – follow up on DPCI legislation following confirmation of constitutional invalidity of certain sections of South African Police Service Act No 10 of 2012.

· More oversight work should be conducted with government departments in order to monitor the implementation of key legislation.

· Conduct budget hearings on Defence Force and oversight.

· Follow up on progress on Defence Review.

· Review Correctional Services and conduct oversight.

· Committee should host hearings on Gang Strategy of Correctional Services.

· Conduct oversight visits to magistrate’s courts.

· Review legislative framework for Magistrates Commission and specifically disciplinary processes of magistrates to ensure the effective management of the sector.

· Conduct oversight of child justice centres.

· The Committee should work towards ensuring the building of closer relationships with Chapter 9 institutions to ensure their involvement in the oversight activities of relevant departments accountable to the NCOP Committee.

 

 

 

 

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[1] [2008] ZACC 19; 2009 (1) SA 287 (CC); 2009 (2) BCLR 136 (CC); CCT 48 /10 [2011] ZACC 6; 2011 (3) SA 347 (CC).

[2] 23874/2012 (C). Available at http://hsf.org.za/projects/justice/litigation/saps-amendment-act-judgement/view. Accessed 17 March 2014.