ROLE OF PARLIAMENT IN RELATION TO CHAPTER 9 INSTITUTIONS

INTRODUCTION

OISD was created in terms of a resolution of the National Assembly of 21 November 2008. It was created with the specific intent to:

Provide strategic support and advise the Speaker and Deputy Speaker on matters relating to ISDs

Strengthen relationships between Institutions Supporting Democracy (ISDs) and Parliament

INTRODUCTION (CONTD)

Coordinate communication between the National Assembly and the ISDs

Increase the impact made by ISDs in the National Assembly

INTRODUCTION (CONTD)

Facilitate the increased use of ISDs by the National Assembly for increased complementary oversight impact

Support the National Assembly in its oversight responsibility over ISDs

INTRODUCTION (CONTD)

OISD interacts with committees on a range of issues including:

Appointments of members of ISDs Complaints by or against ISDs Reports submitted by ISDs General requests from ISDs Requests from the Portfolio Committees Governance within ISDs

INTRODUCTION (CONTD)

It is important, for the sake of sound relations and vibrant interaction with the ISDs, that Members have a thorough understanding of the rather complex relationship between these institutions and Parliament, as well as their roles and mandates.

THE RELATIONSHIP BETWEEN PARLIAMENT AND CHAPTER 9/ ISDs IS THREEFOLD:

Support relationship

Section 181 (3) of the constitution states that organs of state to assist and protect these institutions to ensure their independence, impartiality, dignity and effectiveness

THE RELATIONSHIP BETWEEN PARLIAMENT AND CHAPTER 9/ ISDs IS THREEFOLD: CONTD

Accountability relationship Section 181 (5) states that these institutions

are accountable to the National Assembly and must report on their activities and the performance of their functions to the National Assembly at least once a year.

THE RELATIONSHIP BETWEEN PARLIAMENT AND CHAPTER 9/ ISDs IS THREEFOLD: CONTD

Accountability relationship (contd)

ISDs are required to report to Parliament on the implementation of their mandate and their expenditure of public funds. (This is often considered as interference)

THE RELATIONSHIP BETWEEN PARLIAMENT AND CHAPTER 9/ ISDs IS THREEFOLD: CONTD

Accountability relationship (contd)

Accountability seeks to: Safeguard against corruption, abuse of power

and any other improper behavior effect democratic control improve performance Serve as a platform for public accountability

THE RELATIONSHIP BETWEEN PARLIAMENT AND CHAPTER 9/ ISDs IS THREEFOLD: CONTD

Oversight relationship In terms of section 55 (2) (b) of the

Constitution National Assembly is required to maintain oversight of any “organ of state”. According to section 239 of the Constitution an organ of state includes any functioning or institution exercising or power or performing a function in terms of the Constitution or exercising public power or performing a public function in terms of any legislation, but does not include a court or a judicial officer.

THE RELATIONSHIP BETWEEN PARLIAMENT AND CHAPTER 9/ ISDs IS THREEFOLD: CONTD

Oversight relationship (contd)

Oversight seeks to: Detect and prevent abuse, arbitrary behavior,

or illegal and unconstitutional conduct improve efficiency and effectiveness of

operations Monitor the achievement of goals set by

legislation Improve transparency of operations and

enhance public trust

THE RELATIONSHIP BETWEEN PARLIAMENT AND CHAPTER 9/ ISDs IS THREEFOLD: CONTD

Oversight relationship (contd)

Complimentary oversight ISDs also act as watchdogs over the

executive and thereafter report to Parliament on their findings and recommendations. Thus Parliament is at liberty to use these reports when exercising its oversight responsibility over the executive.

CHALLENGES OFTEN RAISED BY ISDS

Little time allocated to interact with committees

Short notice meetings

No feedback from Parliament

Funding constraints

ISDS RELATIONSHIP WITH GOVERNMENT DEPARTMENTS (EXECUTIVE)

The relevant enabling legislation often creates a functional relationship between ISDs and Portfolio departments in terms of appointment of their members and budget allocations

ISDS RELATIONSHIP WITH GOVERNMENT

DEPARTMENTS (CONTD)

Like all other organs of state, Government Departments also have a constitutional obligation to assist and protect ISDs to ensure their independence, impartiality, dignity and effectiveness

However, section 181 (4) stipulates that they may not interfere with the functioning of these institutions

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