ATC190611: First Report of the National Assembly Rules Committee

Rules of the National Assembly

FIRST REPORT OF THE NATIONAL ASSEMBLY RULES COMMITTEE, 2019

 

 

In terms of the Rules of the National Assembly, the Rules Committee plays a crucial role in the establishment of structures of the Assembly. The Rules Committee may in terms of Rule 7, read with Rule 193, also issue directives and lay down guidelines to assist with the implementation of the rules and orders of the House.  

 

The Speaker of the National Assembly, as Chairperson of the National Assembly Rules Committee, presents the First Report of the Rules Committee as follows:

 

  1. GUIDELINES AND DETERMINATIONS

 

  1.    Sequence of Questions

 

In terms of Rule 137(9), which provides that the sequence of questions on the Question Paper rotates without interruption for the duration of an annual session according to the order in which members of the respective parties may put questions, the Rules Committee determined the sequence for party rotation in respect of oral questions for the duration of the Sixth Parliament as follows:

 

ANC, DA, EFF, ANC, IFP, FF Plus, ANC, DA, Group 1, ANC, Group 2, ANC, DA, EFF, ANC, Group 3 and ANC.

 

  1.      Clustering of Government Portfolios

 

In terms of Rule 138(1), which provides that questions for oral reply by ministers must be dealt with in accordance with a clustered system of government portfolios, the Rules Committee determined the clusters of government portfolios as follows:

 

Cluster 1 - Peace and Security

  • Defence and Military Veterans
  • Home Affairs
  • International Relations and Cooperation
  • Justice and Correctional Services
  • Police
  • State Security

 

Cluster 2 - Social Services

  • Basic Education
  • Health
  • Higher Education, Science and Technology
  • Human Settlements, Water and Sanitation
  • Social Development
  • Sport, Arts and Culture

 

Cluster 3 - Governance

  • Cooperative Governance and Traditional Affairs
  • Minister in the Presidency
  • Minister in the Presidency for Women, Youth and Persons with Disabilities
  • Public Service and Administration

 

Cluster 4 – Economics

  • Agriculture, Land Reform and Rural Development
  • Communications, Telecommunications and Postal Services
  • Employment and Labour
  • Environment, Forestry and Fisheries
  • Finance
  • Mineral Resources and Energy

 

Cluster 5 – Economics

  • Public Enterprises
  • Public Works and Infrastructure
  • Small Business Development
  • Tourism
  • Trade and Industry
  • Transport

 

 

 

 

 

(c)      Guidelines

 

  1. Members’ Statements:

In terms of Rule 132(4), the number of members’ statements on any sitting day, the period of time within which such statements must be completed on that day and the sequence of party participation must be determined by the Rules Committee. The number of members’ statements for the duration of the Sixth Parliament was determined at 17, in the following sequence:

 

ANC, DA, EFF, ANC, IFP, Group 1, FF Plus, ANC, Group 2, ANC, DA, FF, ANC, Group 3, ANC, DA and ANC.

 

  1. Motions without Notice:

In terms of Rule 123(2)(b), the number of motions without notice on any sitting day, the period of time within which such motions must be completed on that day and the sequence of party participation must be determined by the Rules Committee.

 

The number of motions without notice on any sitting day for the duration of the Sixth Parliament was determined at 23, in the following sequence: ANC, DA, EFF, ANC, IFP, ACDP, ANC, FF Plus, NFP, UDM, DA, EFF, ANC, Good, COPE,  ANC, ATM, AIC, ANC, DA, PAC, Al Jama-ah and ANC.

 

(d)        Formula for appointment of whips

 

In terms of Rule 33(1), the Rules Committee at its first meeting after an election, or as soon as possible thereafter, must determine the number of whips to be allocated to parties represented in the House.  

 

The formula used in the Fifth Parliament is retained (i.e. 1 – 6.5), with 62 being the total number of whips for the Sixth Parliament. This excludes the Chief Whip of the Majority Party, Deputy Chief Whip of the Majority Party and Chief Whip of the Opposition. The breakdown of the number of Whips per party for the duration of the Sixth Parliament is as follows:

 

Party

Seats

Whips per  6.5 members

Total number

400

61.5

62

ANC

230

35.38

35

DA

84

12.92

13

EFF

44

6.76

7

IFP

14

2.15

2

FF PLUS

10

1.53

2

ACDP

4

0.61

1

Smaller parties

14

2.15

2

 

  1. ESTABLISHMENT AND COMPOSITION OF ASSEMBLY COMMITTEES

 

  1.  Composition of House Committees

 

  1. Subcommittee on Review of Assembly Rules

 

In terms of Rule 198, the Subcommittee on Review of Assembly Rules consists of the number of members and party representation as determined by the Rules Committee. The composition of the Subcommittee is determined at 8 members, with the following party representation: ANC 3, DA 1, EFF 1, IFP 1, FF Plus 1 and other parties 1.

 

  1. Programme Committee

 

In terms of Rule 206, the Programme Committee consists of-

(a)        the Speaker;

(b)        the Deputy Speaker;

(c)        the Leader of Government Business or a designated representative;

(d)        the House Chairpersons;

(e)        the Chief Whip;

(f)         the deputy chief whip of the majority party in the Assembly;

(g)        the whip of the majority party responsible for programming; and

(h)        the number of party representatives that the Speaker may determine with the concurrence of the Rules Committee, provided that each party is entitled to at least one representative on the committee.

 

In addition to the composition prescribed in Rule 206(a)-(g) the Speaker, with the concurrence of the Rules Committee, determined the number of party representatives on the Programme Committee for the duration of the Sixth Parliament as follows: ANC 2, Chief Whip of the Opposition, DA 2, EFF 2, IFP 2, FF Plus 2 and other parties 1 each.

 

  1. Establishment and composition of Assembly portfolio and standing committees

 

  1. Establishment of portfolio committees

 

In terms of Rule 225, the Speaker, with the concurrence of the Rules Committee, must establish a range of portfolio committees, assign a portfolio of government affairs to each committee and determine a name for each committee.

 

Based on the composition of Cabinet, the following Portfolio Committees are established:

 

  1. Portfolio Committee on Agriculture, Land Reform and Rural Development
  2. Portfolio Committee on Basic Education
  3. Portfolio Committee on Communications
  4. Portfolio Committee on Cooperative Governance and Traditional Affairs
  5. Portfolio Committee on Defence and Military Veterans
  6. Portfolio Committee on Environment, Forestry and Fisheries
  7. Portfolio Committee on Employment and Labour
  8. Portfolio Committee on Health
  9. Portfolio Committee on Higher Education, Science and Technology
  10. Portfolio Committee on Home Affairs
  11. Portfolio Committee on Human Settlements, Water and Sanitation
  12. Portfolio Committee on International Relations and Cooperation
  13. Portfolio Committee on Justice and Correctional Services
  14. Portfolio Committee on Mineral Resources and Energy
  15. Portfolio Committee on Police
  16. Portfolio Committee on Women, Youth and Persons with Disabilities
  17. Portfolio Committee on Public Enterprises
  18. Portfolio Committee on Public Service and Administration
  19. Portfolio Committee on Public Works and Infrastructure
  20. Portfolio Committee on Small Business Development
  21. Portfolio Committee on Social Development
  22. Portfolio Committee on Sports, Arts and Culture
  23. Portfolio Committee on Tourism
  24. Portfolio Committee on Trade and Industry
  25. Portfolio Committee on Transport

 

  1. Composition of portfolio committees

 

In terms of Rule 226 the Speaker, with the concurrence of the Rules Committee, determined the composition of portfolio committees at 11 members, as follows: ANC 6, DA 2, EFF 1 and other parties 2.

 

  1. Composition of Powers and Privileges Committee

 

In terms of Rule 212 the Speaker, with the concurrence of the Rules Committee, determined the composition of the Powers and Privileges Committee to be the same as that of portfolio committees, namely: ANC 6, DA 2, EFF 1 and other parties 2.

 

  1. Composition of Standing Committee on Finance and Standing Committee on Appropriations

 

Rules 231 and 237 provide for the composition of the Standing Committees on Finance and on Appropriations, respectively. The Speaker, with the concurrence of the Rules Committee, determined the composition of the committees to be the same as that of portfolio committees, namely: ANC 6, DA 2, EFF 1 and other parties 2.

 

(e)        Composition of Standing Committee on Public Accounts

 

In terms of Rule 244 the Speaker, with the concurrence of the Rules Committee, determined the composition of the Standing Committee on Public Accounts to be the same as that of portfolio committees, namely:  ANC 6, DA 2, EFF 1 and other parties 2.

 

(f)         Composition of Standing Committee on the Auditor-General

 

In terms of Rule 250 the Speaker, with the concurrence of the Rules Committee, determined the composition of the Standing Committee on the Auditor-General to be the same as that of portfolio committees, namely: ANC 6, DA 2, EFF 1 and other parties 2.

 

 

_______________________

T R Modise MP

Speaker of the National Assembly

 

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