20 JULY 2010 The Oversight role of Parliamentary Committees COMMITTEE SECTION 20 JULY 2010 The Oversight role of Parliamentary Committees

INTRODUCTION Since 1994, The true test of democracy is the extent to which Parliament can ensure that government remains answerable to the people Oversight is a function provided for by the Constitution to Parliament to monitor and oversee government action.

OVERSIGHT MODEL Adopted by NA on 19 March 2009. To ensure that oversight is politically driven. It gives guidelines/framework on how oversight should be conducted.

BACKGROUND Parliamentary Committees are established as instruments of the Houses in terms of the Constitution to facilitate oversight and monitor government. These Committees are the engine room of Parliament’s oversight and legislative work. Committees conduct business on behalf of Parliament. Committees have to report on any matter referred to them by the Houses. Committees have to table their reports to the relevant House at least once a year.

REASONS FOR OVERSIGHT Parliament exercises oversight for the following reasons: To detect and prevent abuse To prevent illegal and unconstitutional conduct on the part of government. To protect the rights and liberties of citizens To hold government answerable for how taxpayers’ money is spent To make government operations more transparent and increase public trust in the government.

ROLE OF PARLIAMENT COMMITTEES Parliamentary committees scrutinise legislation, oversee government action and facilitate public participation. One of the most important aspects of the oversight function is the consideration by committees of annual reports of organs of State, and reports of the Auditor-General. Depending on the purpose of the oversight, the Committee will either request a briefing from the organ of State or undertake a site visit.

OVERSIGHT TOOLS 1. State of the Nation Address (SONA) Sets out priorities of the Executive for the year. Reflects on what will be the focus points on service delivery for the year. Invite the relevant Department to explain how it will implement the priorities. Committees use SONA to check whether the Executive delivered on priorities identified. Retrospective focus: Committees evaluate gaps in progress made on implementing priorities identified the previous years.

OVERSIGHT TOOLS CONT. 2. Budget process Appropriation Bill is tabled in February every year. Budget votes are referred to the relevant Committees for consideration and report. Committee receives briefing by the Department Committee invites relevant stakeholders to give their input (public hearing) Committee report to the relevant House on findings and may make recommendations for budget to be amended.

OVERSIGHT TOOLS CONT. 3. Annual Reports of Government Departments (tabled in September every year) Referred to Committees for consideration and reporting. Committees are briefed by relevant Departments. Committees interrogate reports, strategic plan and ENE, may invite relevant stakeholders to give input (public hearing). Committees report to relevant House on finding and may make recommendations.

OVERSIGHT TOOLS CONT. 4. Other reports referred to Committees e.g reports of Chapter 9 institutions, reports on work initiated by committees etc. The NA or NCOP may refer any matter to Committees for consideration and report. If necessary a Committee may be briefed by relevant Department on the matter. Committee may facilitate public participation. (public hearing) Committee reports to relevant House on findings and may make recommendations.

OVERSIGHT TOOLS CONT. 5. Site visits Visiting communities and site inspections to check service delivery/monitoring implementation of legislation. Sometimes MPL’s and Councillors of the relevant municipality may accompany the delegation. In some instances, Committees request the officials of the Department to accompany the delegation.

SITE VISITS CONT. Committees report on findings and make recommendations. Once a report is adopted by the House, recommendations are communicated to the relevant department. Once a report is adopted, Committees follow up to monitor progress on implementation of recommendations or resolutions by the House.

OVERSIGHT TOOLS CONT. 6. Briefing by Executive and public entities A Committee may summon Executive or any public entity to appear before it on any matter e.g to account on its actions or implementation of policy.

OVERSIGHT TOOLS CONT. 7. Legislation Legislation passed by Parliament is one of the tools that can be used by committees to conduct oversight by checking progress on its implementation. This can be done through briefings by departments, site visits to get first hand information, invite stakeholders to hear their views. Finding may assist committees to propose amendments of legislation where necessary.

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