Date: 02/07/2009
Source: National Council of Provinces
Title: NCOP: Mahlangu: Speech by the chairperson of the National Council of Provinces, on Parliament's budget vote
Madam Deputy Chairperson Hon Members
On 22 April this year South Africans participated in the general elections to give Parliament a new mandate. This mandate, which emphasises accelerated quality service delivery, is a continuation of the project of reconstructing and developing our society which began in 1994.
As public representatives, we have the responsibility to work towards achieving the vision of building a united, democratic South Africa, and improving the quality of life of all citizens.
In presenting Parliament's budget for the 2009/2010 financial year, I would like to reflect in the main on the following:
1. Legacy issues (with a bearing on the fourth Parliament) 2. Broad challenges for the fourth Parliament 3. Issues specific to the National Council of Provinces 4. Budget allocation 5. Issues impacting on the budget 6. Strategic planning
Madam Deputy Chairperson, allow me to start by restating the mandate of Parliament. Parliament is there:
§ To pass legislation that supports the country's constitutional values and human rights culture § To oversee the executive and other state organs § To facilitate public participation
We also have a responsibility to promote co-operative government and to participate in international affairs. It is within the context of co-operative government that the role of the National Council of Provinces should find concrete expression. Further to the above, Parliament is an expression of our multiparty democracy.
1. Legacy issues
The third Parliament has served as a necessary foundation for the fourth Parliament. Honourable Members, I am happy to report on the following as some of the achievements of the third Parliament:
§ Adoption of the vision of Parliament which puts people at the centre of our work; § Finalisation and adoption of the new Oversight and Accountability Model to enhance Parliament's oversight work; § Participation in various international forums including the Pan-African Parliament and the Inter Parliamentary Union; § Increasing public participation activities; § Implementing the Language Policy Project, thus elevating the status and use of our official languages in the processes of Parliament; and § Finalising the Financial Management of Parliament Act, the Money Bills Amendment Procedure and Related Matters Act and the Mandating Procedures of Provincial Legislatures Act (this Act came into effect yesterday, the 1st of July)
2. Broad challenges for the fourth Parliament
Despite our achievement in the third Parliament, we are still faced with the following challenges:
§ The need to move from ordinary oversight to outcomes-based oversight (including accelerating quality service delivery in areas such as education, health, job creation, land reform and agriculture); § Consolidation of democracy through a people-centred approach; § Transformation of Parliament in line with our democratic objectives; and § Nation building, including building consensus on issues of national interest.
3. Issues specific to the National Council of Provinces
Madam Deputy Chairperson, the National Council of Provinces is a House of our Parliament which represents the interests of provinces. It also provides space for participation by organised local government in the process of shaping national legislation and policy.
More than ever, during this term we must co-operate with provinces especially on functional areas of concurrent national and provincial legislative competence. We also need to ensure that local government is properly supported to perform its functions as required by the Constitution.
In the last financial year's budget vote we raised a number of issues that relate to the NCOP. The following require our continued focus and attention:
§ Improving the effectiveness of the NCOP, informed by the recommendations of the 10th Anniversary Summit in 2007; § Completing the process of transforming the NCOP to reflect its character; § Giving provinces enough space to consider section 76 legislation before the NCOP; § Articulating the nature of support required, including establishment of relationships with other government entities, for oversight purposes (in the last term we started the process of establishing a working relationship with the office of the Auditor-General).
On the other hand, the following are issues that require new or renewed focus going forward:
§ Centrality of provinces * The Constitution places provinces at the centre of the NCOP. We need to reflect this in the way we conduct our business (this is a constitutional obligation and a strategic issue). It is against this background that we are keenly awaiting the discourse on the future shape of our intergovernmental system, including the future of provinces. § Taking Parliament to the People * This is the flagship programme for our public participation and oversight initiatives. The outcome of the study on the impact of this programme, which we will present to Members in due course, will help us in recasting this programme to ensure that it has the desired impact. § Committees * There is a need to ensure that committee business and support is aligned and is able to respond to the mandate and priorities of the institution. § Strategic Framework Plan * The fourth term presents us with an opportunity to craft and implement a new strategy to further the mandate of the NCOP (towards this we are planning a workshop from 5 * 7 August this year). Provinces have a crucial role to play in this process. They must give us their priorities for the term.
The NCOP is strategically placed at the cutting edge of co-operative government. We welcome the call this week by the Minister of Co-operative Governance and Traditional Affairs to be partners and to assist the three spheres of government on issues of co-operative governance, of course without compromising our oversight role.
4. Budget for financial year 2009/10
I now come to the Budget for the 2009-10 financial year. The budget for Parliament, Vote 2, continues to make provision for the implementation of our vision to build an effective people's Parliament. The total budget increased from R809.7 million in 2005-06 to R1, 35 billion in 2009-10 (this includes the direct charge from national revenue).
In Programme 1, which is about administration, the total increase in the budget was 18.5%, representing an average annual rate of increase of 3.7% between 2005-06 and 2009-10 to a total of R247.8 million.
Programme 2, legislation and oversight - over the medium term, the budget for Programme 2 has grown by 35.6% owing to further improvements to the capacity of committees, especially in the area of research and content specialists.
Programme 3, public and international participation, increased from R41.3 million in 2005-06 to R67.8 million in 2009-10, at an average annual rate of 12, 9%.
With regard to Programme 4, Members' facilities, provision is made for facilities including telephone, travel and other logistical facilities.
Programme 5, associated services - this section of the budget allows Parliament to abide by the requirements of Section 57 (2) of the Constitution to provide assistance to enable political parties represented in the National Assembly to function effectively.
Hon Members, I should however point out the shortfall of R143 million compounded by transitional requirements. The shortfall, and the fact that the budget was finalised before the new Parliament, means that the total allocation does not fund all our needs for the current financial year.
However, it is important to note that with the new Financial Management of Parliament Act, we are now better positioned to conclude the budgeting process in a dignified manner. The Act compels the Minister of Finance to consult with the Presiding Officers before finalising the allocation for Parliament.
Subjecting Parliament to the same processes of motivating its budget as government departments is inconsistent with the constitutional principle of the separation of powers. Our proposal is that before the money is split among national, provincial and local spheres of government, an amount is ``sliced from the top'' for statutory and other payments such as the national debt. After government has set aside the top slice, the remaining funds must be shared among the spheres of government.
5. Issues impacting on the budget
The following are factors which impact or will impact on the budget or the budget process and the work of Parliament:
§ Global economic situation § Budget cycle § Budget baseline (in view of our mandate) § Relationship with constituencies § Institutional structural relations
6. Parliament's strategic planning process
This is the beginning of a new term. Parliament will need to develop a strategic plan which will serve as a guide in the performance of our work in the fourth Parliament. The strategic planning process will allow us to process a number of issues critical to building a people's Parliament, among them the recommendations contained in the Report of the Independent Panel Assessment of Parliament.
6. Allegations of corruption against officials
Madam Deputy Chairperson, I have noted the reports in the media alleging Parliament's failure to deal with allegations of corruption against certain officials. Reference is made to the so-called KPMG report. As a consequence, this House has passed a motion to the effect that ``immediate action is taken against the five people implicated in the report''.
I wish to state clearly, and unequivocally, that where allegations of corruption against certain staff members were substantiated, Parliament instituted proper disciplinary processes * including against the Secretary to this House. The disciplinary hearing against the Secretary to the NCOP has not yet been finalised. One NCOP official has since been dismissed. However, the staff member has appealed against the dismissal. Disciplinary proceedings against another official have also not been finalised. In all, three officials in the NCOP have been implicated.
With respect to the Secretary to Parliament, Mr Zingile Dingani, he has been cleared of all charges. As such, he is set to resume duty from next week.
These current disciplinary processes serve as evidence that we are committed to clean government and rooting out corruption. In my view the resolution of this House on Tuesday, 30 June served to reconfirm this resolve.
Nonetheless, it is extremely unfortunate that the media have been used to create confusion over this matter without due regard to the facts. Unfortunately, inaccurate news reports undermine the important role of the media in a democracy. In addition, publicising confidential information that is not fully tested in a tribunal or a court of law undermines the constitutional right of people to a fair hearing. This House cannot be party to that. We have a duty to uphold the law and to protect our Constitution.
7. Conclusion
Madam Deputy Chairperson, allow me to commend the budget of Parliament for the current financial year to the House. The budget represents our continued efforts to further the goals of reconstructing and developing our society and ensuring a better quality of life for all citizens.
My appeal is that as this House we must use this budget to give full expression to our mandate * including creating a dynamic relationship with provinces. We must make this the term for provinces and local government.
Lastly, I wish to thank all the officials who have worked hard to ensure that Parliament runs smoothly and that public representatives are able to perform their duties.
Thank you
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