BRIEFING BY THE CHAIRPERSON OF THE NATIONAL COUNCIL OF PROVINCES (NCOP), MR PATRICK LEKOTA

10 FEBRUARY 1999

1. Achievements of the NCOP

• The NCOP has succeeded to forge a closer link between the central government and other spheres of government. It has provided a platform where national issues are dealt with from provincial and local perspectives.
• Due to its focus on provincial and local government issues, the NCOP has been able to give a voice to hitherto forgotten and marginalised communities.
• The NCOP represents cooperative governance in practice.
• The NCOP is a training ground for national leaders, both in the executive and legislative sense.
• The NCOP has contributed towards the goal of nation-building. It has served the purpose of bringing all provinces together in an attempt to address key national challenges.
• The NCOP has removed the notion that provinces are just federal independent institutions: it has brought them together by fostering a spirit of national co-operation.
• The NCOP has also contributed towards national reconciliation. Unlike the National Assembly, NCOP debates have been conducted in a conciliatory manner. This has promoted closer co-operation between the various political parties.
• The NCOP has built its profile within Parliament and it has also managed to develop better co-ordination and consistency in the manner in which its has dispensed its responsibilities in law-making through better programming. Provinces now have a better understanding of the long-term parliamentary programme and, therefore, plan their work accordingly. There are current plans to improve the manner in which the NCOP functions.
• The NCOP now receives better and positive coverage in both the print and electronic media.

2.1. Immediate Challenges

• To ensure that all pieces of legislation tabled before the House is passed during the course of the current legislative session.

2.2. Long-term challenges

• Proper co-ordination between all bodies is required if the synergy between national and provincial parliaments is to work effectively.
• The NCOP has to give attention to its resources. Many provinces have argued that they do not have adequate resources to carry out their legislative functions properly.
• The NCOP needs to develop self-confidence and assertiveness in order to ensure that it does not become the National Assembly's rubber stamp.
• The NCOP must improve its communication systems.
• Members of the executive - both national and provincial - must take the NCOP seriously.
• Permanent delegates must sharpen their sensitivity to the fact that their responsibility is to examine national issues from provincial and local perspectives.
• Provincial whips must improve information flow processes so as to ensure that provinces plan appropriately.
• The NCOP is a legislature-oriented institution. Yet, at the same time, it has strong executive input. There is a need to strike a balance between these two roles.
• Inter-legislature co-ordination must be improved. For example, the application of section 139 of the Constitution emphasises a need for such coordination.
• Provinces should develop their own legislative programmes in such a way that they are consistent and compatible with the national legislative process.

3. Conclusion

• The NCOP can develop in two ways. It could be a mechanism by which the central parliament co-opts provinces or it could develop into a chamber where the central government engages with provinces in the search for better and more inclusive democracy.
• The NCOP must steer away from being a duplication of the National Assembly.