17. Mr V B Ndlovu (Inkatha Freedom Party) to ask the Deputy President:
Whether he intends to take steps to ensure that questions that were submitted to ministers before 31 March 2012 are replied to; if not, why not; if so, what steps? NO2008E
Reply
As I have reported to this House before, I provide a report to each Cabinet meeting on the overdue replies to Parliamentary Questions both in this House and the National Council of Provinces.
Ministers are well aware of their obligation in terms of the Constitution, to account collectively and individually to Parliament for the exercise of their powers and the performance of their functions.
Having made inquiries regarding the reasons for failure to reply to the 13 outstanding Questions in the period that the Honourable Ndlovu refers to, it would appear that the difficulty lies in the desire by Ministers to provide accurate information so that they do not end up misleading the House.
I thank you.
18. Mr J JMcGluwa (ID) to ask the Deputy President:
How much has the Anti-poverty Programme spent since 1 January 2012 on its War on Poverty Campaign? NO3515E
Reply
As the Honourable Member may be aware, the War on Poverty Programme was created to accelerate service delivery by identifying beneficiaries who are entitled to receive already existing services from government but for some reason or other are not.
Once these beneficiaries are identified, their characteristics profiled, and the services that they are entitled to identified, the War on Poverty Programme then refer them to the appropriate department or agency where the budget for the particular service resides. Thus for example, if the service needed is Identity Documents, then this is referred to the Department of Home Affairs.
To this end, the War on Poverty Programme does not have a dedicated budget but the approach aims to address gaps where an existing service does not reach the beneficiary.
An important feature to also note is that once the service that has been referred to is rendered, the department or agency does not account for it separately from the rest of the services extended to all citizens.
I thank you.
19. Nkosi S P Holomisa (African National Congress (ANC)) to ask the Deputy President:
What steps does the Government intend to take to (a) ensure a balance in the powers of the three arms of government and (b) guide the judiciary to exercise judicial restraint in their decisions without applying any other measures to control the judiciary? NO3516E
Reply
Honourable Member, the Constitution of the Republic of South Africa clearly sets out the powers of Parliament, the President and the National Executive and the Courts.
We are confident that each of these bodies respects the powers assigned to them by the Constitution as well as the powers and responsibilities of the other two arms of government.
The Constitution in section 42 enjoins Parliament to ensure that it plays its role in scrutinising and overseeing executive action.
With regard to the Judiciary, Government continues to enact legislation and implement programmes to enhance the independence within the context of the Separation of Powers embedded in the Constitution.
One of the significant safeguards against encroachment is the Constitutional Court which, as the highest court in the land, is entrusted with the important function of ensuring that each Branch, including the Judiciary, does not overstep its boundary.
The Constitution Seventeenth Amendment Bill and the Superior Courts Bill which are currently being considered by this Parliament, are the latest legislative measures introduced by Government with a view to strengthening the Judicial arm of the state to exercise this delicate act of balancing the interplay among the branches of state.
These Bills in the main seek to provide a constitutional basis for a separate judicial governance framework under the Chief Justice as head of the Judiciary to give full effect to our separation of powers which is essential for the rule of law.
Pending the finalisation of these Bills, the President, has, through a Proclamation published in August 2010, declared the Office of the Chief Justice as a separate entity from the Department of Justice and Constitutional Development, and thereby paving the way for the envisaged judicial governance framework.
I am pleased that Parliament approved the Code of Judicial Conduct in August this year, which was published in the Government Gazette on Thursday, 18 October 2012. The Code will go a long way in ensuring that the judiciary is responsive to the needs and aspirations of a democratic South African society.
I thank you.
