State of the Nation Address 2022
State of the Nation Address 2022
Type of recommendation
Changes to how Parliament works
Part 6, Volume 2, Page 724, 784
Category- Operational / Regulatory Change
- Changes to how Parliament works
Part 6, Volume 2, Page 724, 784
Party leaders to provide political space for individual MPs to ask difficult questions without prejudice
Category:
- • Operational / Regulatory Change
- • Changes to how Parliament works
Description:
To facilitate proper oversight over the Executive, the Commission is of the view that leaders of political parties should provide the political space for individual MPs to ask difficult questions without prejudice to themselves, with the assurance that their concerns will be taken seriously and properly answered.
Responsible to implement:
• Leader of Government Business
Actions on recommendations
The Leader of Government Business will interact with Parliament’s Presiding Officers on the recommendations that relate to the interface between Parliament and the Executive.
Part 6, Volume 2, Page 751
Category- Operational / Regulatory Change
- Changes to how Parliament works
Part 6, Volume 2, Page 751
Parliament to consider additional measures involving Speaker and President to sanction non-compliant Ministers
Category:
- • Operational / Regulatory Change
- • Changes to how Parliament works
Description:
The Commission supports the view that, with the support of a majority of members of a portfolio committee, a portfolio committee could put a Minister to terms in respect of remedial action, and could thereafter, through the Speaker, intercede with the President, as head of the National Executive, in the event of non-compliance. The Leader of Government Business could also play a role in such a process.
Responsible to implement:
• Leader of Government Business
Actions on recommendations
The Leader of Government Business will interact with Parliament’s Presiding Officers on the recommendations that relate to the interface between Parliament and the Executive.
Part 6, Volume 2, Page 751
Category- Operational / Regulatory Change
- Changes to how Parliament works
Part 6, Volume 2, Page 751
Parliament to consider appointing opposition MPs as chairs of portfolio committees
Category:
- • Operational / Regulatory Change
- • Changes to how Parliament works
Description:
It is recommended that Parliament should consider whether representatives of opposition parties should be appointed as chairs of portfolio committees.
Responsible to implement:
• Parliament
Actions on recommendations
Parliament is developing its own response to the Commission.
Part 6, Volume 2, Page 731, 750
Category- Legislative Change
- Changes to how Parliament works
Part 6, Volume 2, Page 731, 750
Parliament to consider legislation or rules to deal with the late submission of reports by representatives of the Executive to Parliament
Category:
- • Legislative Change
- • Changes to how Parliament works
Description:
The Commission recommends that Parliament should consider whether there is a need to legislate on the issue of reports by representatives of the Executive to Parliament. It may be that, absent such legislation, the present sometimes unsatisfactory situation will persist ... An alternative might be to amend the Rules of Parliament to deal with this. However, since the objects to be achieved include placing duties on persons outside of Parliament, and possibly visiting appropriate sanctions on those who are recalcitrant or unacceptably inefficient, the Commission's prima facie view is that legislation would probably be preferable to amending Parliament's rules.
Responsible to implement:
• Leader of Government Business
Actions on recommendations
The Leader of Government Business will interact with Parliament’s Presiding Officers on the recommendations that relate to the interface between Parliament and the Executive.
Part 6, Volume 2, Page 750
Category- Operational / Regulatory Change
- Changes to how Parliament works
Part 6, Volume 2, Page 750
Parliament to enhance the scale and skills of the research and technical assistance made available to portfolio committees
Category:
- • Operational / Regulatory Change
- • Changes to how Parliament works
Description:
It is recommended that, to the extent that available resources permit, it would be desirable to enhance the scale and skills of the research and technical assistance made available to portfolio committees.
Responsible to implement:
• National Treasury
Actions on recommendations
To ensure that Parliament is sufficiently resourced to hold the Executive to account, the National Treasury will engage with Parliament to determine the most appropriate way to give effect to the Commission’s recommendations on the funding of Parliament.
Part 6, Volume 2, Page 728
Category- Operational / Regulatory Change
- Changes to how Parliament works
Part 6, Volume 2, Page 728
Parliament to provide adequate funding to enable effective parliamentary oversight.
Category:
- • Operational / Regulatory Change
- • Changes to how Parliament works
Description:
It is recommended that Parliament ensures that adequate funds are allocated, particularly to portfolio committees, to enable effective parliamentary oversight.
Responsible to implement:
• National Treasury
Actions on recommendations
To ensure that Parliament is sufficiently resourced to hold the Executive to account, the National Treasury will engage with Parliament to determine the most appropriate way to give effect to the Commission’s recommendations on the funding of Parliament.
Part 6, Volume 2, Page 722
Category- Operational / Regulatory Change
- Changes to how Parliament works
Part 6, Volume 2, Page 722
Parliament to implement rules to assist it further in sanctioning Cabinet members for non-compliance
Category:
- • Operational / Regulatory Change
- • Changes to how Parliament works
Description:
The Commission supports the recommendation made in paragraph 4.1.9 of the [Oversight and Accountability] (OVAC) Model (which, it will be recalled, Parliament adopted in 2009) but has not yet been implemented that: "Parliament develop rules to assist it further in sanctioning Cabinet members for non-compliance after all established avenues and protocols have been exhausted, for example naming the Cabinet member by the Speaker of the National Assembly of the Chairperson of the Council based on a full explanation."
Responsible to implement:
• Leader of Government Business
Actions on recommendations
The Leader of Government Business will interact with Parliament’s Presiding Officers on the recommendations that relate to the interface between Parliament and the Executive.
Part 6, Volume 2, Page 751
Category- Operational / Regulatory Change
- Changes to how Parliament works
Part 6, Volume 2, Page 751
Parliament to establish an Oversight and Advisory Section
Category:
- • Operational / Regulatory Change
- • Changes to how Parliament works
Description:
It is recommended that Parliament establish an Oversight and Advisory Section to provide advice, technical support, co-ordination, and tracking and monitoring mechanisms on issues arising from oversight and accountability activities of members of Parliament and the committees to which they belong.
Responsible to implement:
• Parliament
Actions on recommendations
Parliament is developing its own response to the Commission.
Part 6, Volume 2, Page 750
Category- Operational / Regulatory Change
- Changes to how Parliament works
Part 6, Volume 2, Page 750
Parliament to consider legislative measures for non-attendance by Ministers
Category:
- • Operational / Regulatory Change
- • Changes to how Parliament works
Description:
It is recommended that Parliament make clear that non-attendance by Ministers and others scheduled to attend portfolio committee meetings will not be tolerated and to ensure that consequences are visited on those who offend without adequate cause. Parliament should consider whether there is a need to legislate on this issue.
Responsible to implement:
• Leader of Government Business
Actions on recommendations
The Leader of Government Business will interact with Parliament’s Presiding Officers on the recommendations that relate to the interface between Parliament and the Executive.
Part 6, Volume 2, Page 751
Category- Operational / Regulatory Change
- Changes to how Parliament works
Part 6, Volume 2, Page 751
Parliament to consider Corruption Watch proposals on appointments by Parliament
Category:
- • Operational / Regulatory Change
- • Changes to how Parliament works
Description:
It is recommended that Parliament consider whether it is desirable to amend its rules to give effect to the proposals by Corruption Watch on appointments by Parliament to leadership positions in key institutions.
Responsible to implement:
• Leader of Government Business
Actions on recommendations
The Leader of Government Business will interact with Parliament’s Presiding Officers on the recommendations that relate to the interface between Parliament and the Executive.
Part 6, Volume 2, Page 751
Category- Legislative Change
- Changes to how Parliament works
Part 6, Volume 2, Page 751
Parliament to consider the principle of 'amendatory accountability' in an Act of Parliament
Category:
- • Legislative Change
- • Changes to how Parliament works
Description:
The Commission recommends that Parliament consider whether it supports the principle of 'amendatory accountability' and, if it does, whether it would be desirable to give detailed substance to this principle in an Act of Parliament, along the lines suggested in the Corder report. In doing so, it will be necessary for Parliament to consider the implications of the separation of powers between the legislative and executive branches of government under the Constitution. However, the Commission believes that it should not be beyond the ingenuity of Parliament to devise mechanisms that promote responsiveness and effective accountability. If Parliament should not be minded to enact legislation of the above type, the Commission is of the view that consideration should be given by Parliament to amendments to its own rules, with a view to addressing the problem of ministers who fail to report back to Parliament on what, if anything, has been done in respect of remedial measures proposed by Parliament or on alternative methods preferred by them to address defective performance highlighted by Parliament.
Responsible to implement:
• Leader of Government Business
Actions on recommendations
The Leader of Government Business will interact with Parliament’s Presiding Officers on the recommendations that relate to the interface between Parliament and the Executive.
Part 6, Volume 2, Page 429-432
Category- Operational / Regulatory Change
- Changes to how Parliament works
Part 6, Volume 2, Page 429-432
Parliament to introduce a suitable tracking and monitoring system for implementation of corrective actions proposed by Parliament
Category:
- • Operational / Regulatory Change
- • Changes to how Parliament works
Description:
It is recommended that Parliament implement a system to 'track and monitor' implementation (or non-implementation) by the Executive of corrective action proposed in reports adopted by Parliament.
Responsible to implement:
• Leader of Government Business
Actions on recommendations
The Leader of Government Business will interact with Parliament’s Presiding Officers on the recommendations that relate to the interface between Parliament and the Executive.
Part 6, Volume 2, Page 749
Category- Operational / Regulatory Change
- Changes to how Parliament works
Part 6, Volume 2, Page 749
Parliament to consider establishing a committee for oversight over President and Presidency
Category:
- • Operational / Regulatory Change
- • Changes to how Parliament works
Description:
It is recommended that Parliament should consider whether it would be desirable for it to establish a committee whose function is, or includes, oversight over acts or omissions by the President and Presidency, which are not overseen by existing portfolio committees. If it supports this in principle, it will need to determine the details of how this is to be done. It may well be that this committee need not operate in the same manner as existing portfolio committees.
Responsible to implement:
• Leader of Government Business
Actions on recommendations
The Leader of Government Business will interact with Parliament’s Presiding Officers on the recommendations that relate to the interface between Parliament and the Executive.