ATC110615: First Report of the Joint Rules Committee, dated 15 June 2011

Joint Rules

FIRST REPORT OF THE JOINT RULES COMMITTEE, 2011

 

The Speaker of the National Assembly and the Chairperson of the National Council of Provinces, as co‑chairpersons of the Joint Rules Committee (JRC), present the First Report of the Joint Rules Committee, dated 15 June 2011.

 

A.                  ESTABLISHMENT OF JOINT COMMITTEE ON HIV AND AIDS

 

The Joint Rules Committee, having on 23 March 2011 considered proposed Rules pertaining to the establishment of a joint committee on HIV and Aids, recommends the following new Rules for insertion into the Joint Rules of Parliament:

 

PART 13: JOINT COMMITTEE ON HIV AND AIDS

 

137.      Establishment

 

There is a Joint Committee on HIV and Aids.

 

137A.    Composition

 

The joint committee consists of the number of members, from the Assembly and the Council, determined by the Joint Rules Committee.

 

137B.    Chairpersons

 

The joint committee shall have co‑chairpersons, one from each House.

 

137C.    Acting chairperson

 

If one of the co-chairpersons is absent or unable to perform the functions of co‑chairperson, the relevant component of the committee may elect another of its members as acting co‑chairperson to perform the functions and exercise the powers of that co-chairperson.

 

137D.    Functions and powers

 

(1)              The joint committee acts as an advisory, influencing and consultative body by –

(a)               monitoring and evaluating the implementation of the government’s strategy, policy and programmes on HIV and Aids;

(b)              monitoring and evaluating the government’s compliance with all applicable international instruments and related duties and responsibilities, including the timeous submission of country reports;

(c)               examining and evaluating the legal framework and making recommendations on existing and proposed legislation;

(d)              making submissions to the relevant oversight committees, either at the request of the relevant committee or committees or of its own initiative;

(e)               introducing an HIV‑ and Aids‑related perspective and focus in parliamentary activities, including the programming of debates, monitoring parliamentary oversight to ensure that HIV and Aids prevention and treatment are prioritised on the national agenda and adequate provision is made for it in the national budget;

(f)                engaging with civil society and other structures outside Parliament on HIV‑ and Aids‑related issues; and

(g)               considering any other matter within its mandate referred to it by either House.

 

(2)              The joint committee -

(a)               must report to the Houses annually on its activities;

(b)              may submit, as required and in accordance with its mandate, substantive reports and proposals to relevant parliamentary forums.

 

137E.    Quorum

 

(1)              The joint standing committee may proceed with business irrespective of the number of members present, but may decide a question only if a quorum is present.

(2)              A majority of the members from each House component of the joint committee constitutes a quorum.

 

137F.    Decisions

 

(1)              A question before the joint committee is decided when there is agreement on the question between –

(a)               the majority of the members of the Assembly component; and

(b)              the majority of the members of the Council component.

 

B.               COMPOSITION OF JOINT COMMITTEE ON HIV AND AIDS IN 4TH PARLIAMENT

 

At the same meeting, on 23 March 2011, the JRC agreed that for the duration of the 4th Parliament the Joint Committee on HIV and Aids would consist of 14 members, 9 from the National Assembly and 5 from the NCOP with the following party representation: ANC 8, DA 2, Cope 1, IFP 1 and other parties 2.

 

C.               CONSEQUENTIAL RULE AMENDMENTS

 

(a)              As a consequence of the insertion of Part 13: Joint Committee on HIV and Aids, the numbering of Part 13A: Multiparty Women’s Caucus has to change, as follows: Rules 137A to 137F (inserted on 19 March 2008) become Rules 137G to 137L.

 

(b)              On 18 June 2009, the first JRC meeting of the 4th Parliament agreed to delete the Joint Rules establishing the Joint Monitoring Committee on the Quality of Life and Status of Women, as a portfolio committee and a select committee fulfilling the same function had been established.

 

            As a consequence, the reference to the Joint Monitoring Committee in the rule on the functions and powers of the Multiparty Women’s Caucus had to be adjusted. It is therefore proposed that the numbers or phrases in square brackets be replaced by the insertion of the numbers or phrases in bold:

 

            Rule [137E(1)] 137K(1):

The Multiparty Women’s Caucus acts as an advisory, influencing and consultative body by –

(c)               making submissions to the [Joint Monitoring Committee on the Improvement of the Quality of Life and Status of Women] portfolio and select committees charged with oversight of women’s issues, either at the request of [the joint committee] those committees or at its own initiative.

 

Report to be considered.