ATC140429: Report of the Ad Hoc Committee to consider submissions by the President in response to the Public Protector’s report, dated 28 April 2014

Report of the Ad Hoc Committee to consider submissions by the President in response to the Public Protector’s report, dated 28 April 2014

1. Introduction

On 2 April 2014, the Speaker of the National Assembly received from the President the following documents:

(1) Letter in response to Public Protector’s Report [Report No. 25 of 2013/14] ;
(2) Proclamation by the President of the Republic of South Africa; (Proclamation

No.R.59 2013 ); and
(3) Copy of the Public Protector’s Report.

The documents were tabled in the Parliamentary papers on the same day.

After consultation with the Chief Whip of the Majority Party and senior whips of other parties in the Assembly, the Speaker established an ad hoc committee in terms of Rule 214(1 )( b) of the National Assembly Rules, which empowers the Speaker to establish an ad hoc committee during Parliamentary recess.

In terms of the Rules, an ad hoc committee may only be established for the performance of a specific task. The mandate of the ad hoc committee was to consider the submissions by the President in response to the Public Protector’s Report and make recommendations, where applicable. The Committee was composed of 12 members: ANC 7, DA 2, Cope 1, IFP 1 and other parties 1. The Committee was mandated to report no than later 30 April 2014.

In terms of ATC 48 – 2014, dated 22 April 2014 parties submitted names of their members to serve in the Committee.

The Congress of the People (COPE) elected not to participate in the ad hoc committee and therefore, did not submit a name.

Members appointed to the Committee were as follows:

AFRICAN NATIONAL CONGRESS (ANC)

Frolick , Mr CT (Chairperson)

Burgess, Mr C

Dlakude , Ms DE

Landers, Mr L

Manamela , Mr BK

Moloi-Moropa, Ms J

Muthambi, Ms F A

Sibanyoni , Adv J (Alternate)

DEMOCRATIC ALLIANCE (DA)

Mazibuko, Ms L

Selfe, Mr J

James, Dr W (Alternate)

INKATHA FREEDOM PARTY (IFP)

Singh, Mr N

FREEDOM FRONT PLUS (FF PLUS)

Mulder, Dr C

Hon S N Swart from the African Christian Democratic Party (ACDP) attended all meetings of the ad hoc committee and fully participated.

The ad hoc committee in its functioning exercised those powers as set out in Rule 138 of the National Assembly Rules that were necessary in carrying out its task. These included determining its own procedure, frequency and time of its meetings.

2. Process Followed

On 24 April 2014, the ad hoc committee met to elect the Chairperson and considered its draft programme.

On 28 April 2014, the Committee met to consider the approach and programme of work in response to the task of the Committee. The DA presented a proposal on the modus operandi to be considered by the Committee. After deliberation the proposal was supported by other parties but was not supported by the ANC.

The following two motions were considered:

(a)

“ from the majority party, t he terms of reference of the Speaker which referred the matter to the Ad Hoc Committee,

· All the documents made available to committee members, inter alia ,

· The Report of the Public Protector on Nkandla

· The referral letter of the President to the Speaker

· The Speaker’s terms of reference

· The discussions of the Parties at the meeting on 24 and 28 April 2014

· The timeframes, in which the Committee is expected to complete its work.

Has noted the following:

· The term of the Fourth Parliament expires in a few days

· The time available for the Committee to complete its work is clearly insufficient

· Related investigations are as yet incomplete

· The matter before the Ad Hoc Committee is of extreme importance and therefore requires sufficient time to consider thoroughly to do justice to it

Accordingly the ANC proposed that the matter be referred to the incoming Fifth Parliament for consideration.”

(b)

from the other parties, that the Committee continues with its work.

Both motions were put to a vote; the first motion had six votes from the ANC and one from the IFP.

The second motion had three votes, two from the DA and one from the Freedom Front Plus, representing other parties.

The first motion was carried.

3. Conclusion

The Committee noted that despite its commitment to the task, there was insufficient time to complete the work as set out in the terms of reference.

4. Recommendation

The ad hoc committee recommends that this matter be referred to the Fifth Parliament for consideration.

Report to be considered.