5 February 2009
The Constitution of the Republic of South Africa provides for the
establishment of state institutions to strengthen constitutional democracy in
the republic (sec 181(1)). The institutions are independent and subject only to
the Constitution and the law (sec 181(2)). Other organs of state are required
to assist and protect the institutions to ensure their independence,
impartiality, dignity and effectiveness.
Partly to give effect to the constitutional obligation to assist and protect
the institutions, the executive branch initiated a process in 2005 to evaluate
the progress made towards the consolidation of democracy and the promotion and
protection of constitutional rights in South Africa. On 18 July 2006 the
Cabinet Committee on Governance and Administration recommended that Parliament
conduct the review. The decision was informed by the fact that institutions are
accountable to the National Assembly (NA) and are required to report on their
activities and the performance of their functions to the NA at least once a
year (sec 181(5)).
On 21 September 2006 the NA adopted a resolution establishing an ad hoc
committee (âthe committeeâ) to review the Chapter 9 institutions and the Public
Service Commission. The resolution included terms of reference to guide the
review process. The committee elected Professor Asmal as chair.
It was initially decided that the committee would review the Public
Protector, the South African Human Rights Commission, the Commission for Gender
Equality, the Auditor-General, the Electoral Commission and Public Service
Commission. At its first meeting on 10 October 2005, the committee decided that
the review would also include the Pan South African Language Board, the
Financial and Fiscal Commission, the Independent Communications Authority of
South Africa and the National Youth Commission.
In July 2007 the committee submitted its report to the NA. The report
outlines a number of findings and makes recommendations regarding ways in which
the institutions could be improved to enhance their performance. The committee
reported that with the exception of the Auditor-General, all the institutions
expressed dissatisfaction with the lack of opportunities for meaningful
engagement with Parliament. Many of the institutions reported that their
interaction with Parliament was restricted to an annual meeting with portfolio
committees of approximately two to three hours.
The committee expressed concern that the current oversight regime was
inadequate. It was of the view that Parliament was not making full use of the
institutions to complement its oversight of the executive and to brief members
of Parliament on various matters of public interest on which the institutions
may have reported. To address some of the challenges and weaknesses identified
through the review process, the committee recommended the establishment of a
Unit on Chapter 9 institutions and other statutory bodies appointed by the NA
to co-ordinate all interaction between the NA and the institutions. The
committee recommended that the unit be located in the Office of the
Speaker.
On 21 November 2008 the NA adopted a resolution for the establishment of the
âUnitâ and recommended that the location, structure and mandate be determined
by the speaker, having given due consideration to the NAâs constitutional
obligations with regard to Chapter 9 institutions, associated bodies and other
statutory bodies. The speaker has delegated the NAâs constitutional obligation
with regard to the institutions to the Deputy Speaker. As a result, the Deputy
Speaker is driving the process.
Planning for the establishment of this unit is well under way. A process of
consultation with internal and external stakeholders is also underway.
The ad hoc Committee on Chapter 9 institutions recommended that provision be
made for more meaningful engagement between the NA and the institutions. This
means that in addition to the annual short visits to Parliament by the
institutions, further measures will be developed in the consultation process to
enhance meaningful engagement and communication. In this regard, the Deputy
Speaker is engaging with all the institutions to brief them about her officeâs
efforts to give effect to the resolution of the NA regarding the establishment
of a unit on Chapter 9 institutions and other statutory bodies.
For more information contact:
Sukhthi Naidoo
Cell: 082 417 7724
Tel: 021 403 3973
Issued by: Parliament of South Africa
5 February 2009
Source: Parliament of South Africa (http://www.parliament.gov.za/)
