OF THE REPUBLIC OF SOUTH AFRICA - · PDF filebased on the provisions of the Constitution of the Republic of South Africa, ... respect of provincial state-of-school readiness, ... and

Friday, 28 March 2014] 2296

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS NO 38─2014

No 38—2014] SIXTH SESSION, FOURTH PARLIAMENT

PARLIAMENT

OF THE

REPUBLIC OF SOUTH AFRICA

ANNOUNCEMENTS,

TABLINGS AND COMMITTEE REPORTS

FRIDAY, 28 MARCH 2014

TABLE OF CONTENTS TABLINGS National Assembly 1. Minister of Rural Development and Land Reform ......................... 2297 2. Minister of Water and Environmental Affairs ................................ 2297 National Council of Provinces 1. Minister of Water and Environmental Affairs ................................ 2297 COMMITTEE REPORTS National Assembly 1. Basic Education .............................................................................. 2297 2. Health ............................................................................................. 2298 National Council of Provinces 1. Security and Constitutional Development ...................................... 2353

2297 [Friday, 28 March 2014


TABLINGS National Assembly 1. The Minister of Rural Development and Land Reform

(a) Reply from the Minister of Rural Development and Land Reform to recommendations in Budgetary Review and Recommendation Report of Portfolio Committee on Rural Development and Land Reform on the Performance of the Department of Rural Development and Land Reform, as adopted by the House on 5 November 2013.

Referred to the Portfolio Committee on Rural Development and Land Reform.

2. The Minister of Water and Environmental Affairs

(a) Proposed amendments to the Threatened or Protected Species (TOPS) Regulations, and Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) Regulations, tabled in terms of section 97(3A) of the National Environmental Management: Biodiversity Act, 2004 (Act No 10 of 2004).

National Council of Provinces 1. The Minister of Water and Environmental Affairs

(a) Amendments to the threatened or protected species (TOPS) Regulations, and Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) Regulations. Referred to the Select Committee on Land and Environmental Affairs and Interim Joint Committee on Scrutiny of Delegated Legislation for consideration and report.



COMMITTEE REPORTS

National Assembly 1. Legacy Report of the Portfolio Committee on Basic Education on its activities undertaken during the 4th Parliament (May 2009 – March 2014), dated 11 March 2014.

1. Introduction 1.1 Purpose of the report

The purpose of this report is to provide an account of the Portfolio Committee on Basic Education work during the 4th Parliament and to inform the members of the new Parliament of key outstanding issues pertaining to the oversight and legislative programme of the Department of Basic Education and its entities. This report provides an overview of the activities the committee undertook during the 4th Parliament, the outcome of key activities, as well as any challenges that emerged during the period under review and issues that should be considered for follow up during the 5th Parliament. It summarises the key issues for follow-up and concludes with recommendations to strengthen operational and procedural processes to enhance the committee’s oversight and legislative roles in future.

1.2 Functions of the Portfolio Committee on Basic Education

Committees derive their mandate from the Rules of Parliament, based on the provisions of the Constitution of the Republic of South Africa, Act 108 of 1996. The Portfolio Committee on Basic Education fulfils its mandate by performing, amongst others, the following functions:

• Monitoring and overseeing the Department of Basic Education and its entities in their day-to-day and overall performance.

• Conferring with relevant governmental and civil society organs on basic educational matters in order to participate in the development of strategies and policies aimed at ensuring the quality and integrity of the basic education system.

• Processing and approving legislation and international protocols and conventions relating to basic education in accordance with the Rules of Parliament and the Constitution.

• Facilitating public participation during legislative and service-delivery related processes.



• Participating in National and International educational dialogues relating to basic education.

• Conferring with the National Council of Provinces on legislation pertaining to basic education which affects the Provinces.

• Engaging in various activities and programmes focussing on the development and delivery of quality public education to all South Africans.

• Dealing with any other matter referred to the Committee by the Speaker or the National Assembly.

1.3 Method of work of the Portfolio Committee

The Portfolio Committee employs the use of a Management Committee to deal with managerial matters – without having to specifically convene Portfolio Committee meetings (e.g. processing and completing Committee programmes, preparation for monitoring and oversight, drafting and giving input to draft reports etc). The thrust of the work of the Portfolio Committee during the period under review was on oversight. In terms of its oversight approach, the Portfolio Committee calls statutory bodies to account to the Portfolio Committee and brief the Portfolio Committee on the implementation of priorities pertaining to Basic Education. For example, progress in the procurement and delivery of Learner Teacher Support Material (LTSM) i.e. textbooks, workbooks, stationery and the delivery of infrastructure to schools. The Committee also scrutinises Budget Votes, Annual Reports and Strategic and Annual Performance Plans of the Department and its entities as well as holds strategic sessions and workshops. In addition, the Portfolio Committee conducts study visits of Provinces, Districts and schools in respect of provincial state-of-school readiness, exam readiness and the basic functionality of schools. Recognising that the South African public education system is vast, with approximately 24 000 ordinary public schools, the Portfolio Committee resolved in its Five Year Strategic Plan to prioritise its focus on underperforming schools in order to make the greatest impact in the system. The Portfolio Committee further resolved to work closely with provincial legislative committees on education and the Select Committee on Education of the NCOP in assessing school performance and functioning, given that Basic Education is a concurrent function.

1.4 Department/s and Entities falling within the committee’s

portfolio

(a) Department of Basic Education (DBE) The Department of Basic Education upholds a vision of a South Africa in which all people have access to lifelong learning, education and training opportunities, which will, in turn,



contribute towards improving the quality of life of South Africans and building a peaceful, prosperous and democratic South Africa – and provide leadership in the establishment of a South African education system for the 21st century. The statutory role of the Department of Basic Education is to formulate policy, norms and standards; and monitor and evaluate policy implementation and impact. The Department of Basic Education adheres to the following values:

• Upholding the Constitution, being accountable to the Minister, the government and the people of South Africa.

• Maintaining high standards of performance and professionalism by aiming for excellence in everything they do, including being fair, ethical and trustworthy in all that they do.

• Cooperating with one another and with their partners in education in an open and supportive way to achieve shared goals.

• Creating a learning organisation in which staff members seek and share knowledge and information while committing them to personal growth.

• Striving to address the training needs for high-quality service and seeking ways to achieve their goals

(b) Entities

Name of Entity Role of Entity South African Council for Educators (SACE)

SACE is responsible for the regulation, oversight and promotion of the teaching profession.

(i) Education Labour Relations Council (ELRC)

The primary business of the Council is to promote the maintenance of labour peace in the public education sector through the provision of dispute resolution (and prevention) services

(ii) General and Further Education and Training Quality Assurance Council (UMALUSI)

UMALUSI is tasked with the following: - Qualifications: Monitor and report

on the adequacy and sustainability of qualifications and standards in general and further education and training

- Quality Assurance: Accredit private providers of education and training and assessment and promote quality amongst providers and ensure that providers adopt quality management systems



2. Key highlights 2.1 Reflection on committee programme per year and on

whether the objectives of such programmes were achieved

2.2.1 May - November 2009

At the end of May 2009, the Portfolio Committee elected its Chairperson. Since it was the beginning of the five year term, the Committee developed its Strategic Plan, outlining broad plans and priorities for a five-year period. Key focus areas identified for oversight in 2009 were learner outcomes, early childhood development, performance audits and teenage pregnancies. It is worth noting that certain key priorities such as learner outcomes and early childhood development carried through the entire term of the Committee, in keeping with government priorities over the five year period under review. During the 2009 period, the Portfolio Committee received briefings from the Department of Basic Education on the following:

• Numeracy and Literacy competence • Performance Audits • Findings of Investigation into Teenage

Pregnancies • Foundation for Learning Campaign.

The Portfolio Committee also considered the Budget Vote of the then Department of Education and its three statutory bodies during June 2009 – with the adoption of the Portfolio Committee Report on Budget Vote 13: Education at the end of June 2009.. During July 2009, the Committee undertook a joint oversight and monitoring visit with the Portfolio Committee on Higher Education and Training to the National Student Financial Aid Scheme (NSFAS) to investigate challenges in respect of loans, bursaries and financial aid to students. The Committee also had a two-day Strategic Planning Workshop with the Department at their offices in Pretoria from 11 – 12 August 2009. The Committee concluded the year with the consideration of the Department of Education and statutory bodies’ Annual Report briefings which culminated in the adoption of the Portfolio Committee Report on Annual Report for 2009.

2.2.2 February – November 2010

The Committee’s key objectives for this period included conducting oversight over Special Needs Education (SNE), learner outcomes, early childhood development and exam readiness. An additional key objective was to facilitate public participation and involvement in committee processes, particularly with regard to the critical area of learner outcomes. The Portfolio Committee, at the start of the year, conducted oversight and monitoring in Mpumalanga from 23 to 24 February 2010 to assess the state of security systems for the printing, distribution and storage of examination question papers, following the leakage of question papers in



the province during the 2009 National Senior Certificate (NSC) examinations. In respect of Special Needs Education, the Committee visited schools-of-skills in the Western Cape to conduct monitoring and oversight on 13 April 2010. In October 2010 the Committee visited the Western Cape Education Department to monitor the provincial moderation processes. During the period 28 – 29 October 2010 and 4 – 5 November 2010 the Committee undertook oversight and monitoring visits of provincial examination centres in Mpumalanga and KwaZulu-Natal. As is the norm, the Committee also had its annual Strategic Planning Workshop with the Department of Basic Education in July 2010. In October 2010, the Basic Education Laws Amendment Bill was referred to the Portfolio Committee for consideration and report. The Portfolio Committee, during the course of the year, received the necessary briefings and processed the Department and statutory bodies’ Budget Votes culminating in the Portfolio Committee Report on the Budget Vote. With regard to the priority area of learner outcomes, the Committee held extensive oral hearings and considered submissions received on the “Delivery of Quality Education in South Africa and the Challenges pertaining thereto” and “Access to Education”. Key issues identified during the hearings formed part of focus areas of oversight during the remaining period of the five year term. The Committee concluded the year with the consideration of the Department of Basic Education and statutory bodies’ Annual Report Briefings which culminated in the adoption of the Committee Budget Review and Recommendation Report (BRRR) 2010.

2.2.3 April 2011 – March 2012

During the period under review and subsequent periods, the Committee focussed its oversight on a range of key priorities including learner outcomes; early childhood development; Special Needs Education and inclusive education; exam readiness; teacher supply,utilisation and development; district support to schools; adult literacy; school sport and infrastructure. Another key objective was to monitor progress in provinces under administration in terms of Section 100. Further objectives included to assess progress in the implementation of the SACE’s CPTD System pilot and to interact with the ELRC on remuneration of teachers. A significant development during this period was the introduction of quarterly reports as an oversight tool. To date, quarterly reports form an integral part of the Committee’s oversight tools to track the performance of the executive, and to hold it accountable.



April – June 2011: The main focus during this term was the budget review of the Department of Basic Education which was undertaken on 29 – 30 March 2011. The budget review of the statutory bodies accountable to the Portfolio Committee was undertaken on 22 and 31 March 2011. The budget reviews focused mainly on the Department’s 2011 – 2014 Strategic Plan, the 2011 Medium Term Expenditure Framework (MTEF) allocations and an overview of allocations per programme. The Chairperson of the Portfolio Committee on Basic Education also accompanied the Presidential Delegation on a visit to Bisho from 6 – 7 June 2011. The Presidency visited Bisho and the Education Department in the Eastern Cape to monitor the education issues pertaining to this province. The Province had been placed under administration and forming part of this delegation afforded the Chairperson the opportunity to receive hands-on information and a clearer insight into the issues pertaining to the Provincial Education Department. During the last week of this term, time was allocated for Portfolio Committees to focus on their mandate and that of the Department and entities that the Committees oversee. In pursuit of this goal, the Portfolio Committee on Basic Education conducted working sessions with the various units of the Department of Basic Education at the Head Office of the Department of Basic Education in Pretoria. During this term, the Portfolio Committee also called the Department of Basic Education to brief it on the following:

• Millennium Development Goals • A Report on Inappropriate Structures • The 4th Quarterly Report • Expansion of Access to Quality Early Childhood

Development, Inclusive Education and the Curriculum and Assessment Policy Statement

• Progress in relation to School Sport. July - September 2011: The main focus during this term

was the processing and adoption of the Basic Education Laws Amendment Bill [B 36D – 2010] (Reprint). The Bill was returned to the Portfolio Committee from the Select Committee with further amendments. The Committee considered the Bill on 16 and 23 August 2011 and adopted the Bill on 23 August 2011. An important oversight conducted by the Portfolio Committee was to the North West and Mpumalanga to look at Special Schools, Full Service Schools and inclusive education. The Committee also used this time to visit schools in the Western Cape (Hazeldene Primary and Rosendale High) and also conducting oversight at schools in the Free State during September 2011 in preparation for the People’s Assembly. Important reports adopted by the Portfolio Committee during this term included the Committee’s MDG Report, the Committee Strategic Plan, the Workshop Report and other oversight reports. During this term, the Portfolio Committee also called the Department of Basic Education to brief it on the following:



• Quarterly Reports (1st Quarter 2011/12) • Branch R (International Relations, Communication and Legal Services) • Exam Readiness • Outcomes of Annual National Assessment (ANA) • Infrastructure Development

October – December 2011: The main focus during this

term was the processing of the Reports on Annual Reports of the Department of Basic Education and its Statutory Bodies (Umalusi, ELRC and SACE). This process culminated in the Portfolio Committee finalising and adopting its Budgetary Review and Recommendation Report (BRRR) within the stipulated timeframes set out. A highlight of the Portfolio Committee work during this period was the informative briefing by the Office of the Auditor-General on the Financial Performance of the Provincial Education Departments. Apart from the adoption of all minutes of all meetings held to date, the Portfolio Committee also adopted their Report on Oversight to the North West and Mpumalanga. During this term, the Portfolio Committee also received briefings from the Department of Basic Education as follows:

• School Sports and the Integrated School Sport Plan (including the Memorandum of Understanding between the Ministers of Basic Education and Sport and Recreation).

• The National Education Evaluation and Development Unit

• The 2nd Quarterly Report • The Quality Learning and Teaching Campaign.

January – March 2012: The main focus during this term, as

is the norm, was to undertake Oversight Visits to schools in the Eastern Cape, Limpopo and Mpumalanga. The purpose of the oversight was to assess the state of school readiness for 2012 in these districts and provinces. The Committee focused on crucial areas such as the state of the school environment; the supply and training of teachers; readiness to implement the new Curriculum and Assessment Policy Statement (CAPS); the state of registration of learners; the delivery of textbooks, workbooks and stationery; and, the availability of learner transport and school nutrition to qualifying learners.

A further highlight during this period was the start of the Budget Review process. The Portfolio Committee received the Strategic Plans and Annual Performance Plans of the Department of Basic Education as well as its Statutory Bodies [South African Council for Educators (SACE), the Education Labour Relations Council (ELRC) and the Quality Council for General and Further Education and Training (Umalusi)] referred to it. The Portfolio Committee proceeded with the Budget Reviews as of 13 March 2012 and completed the process by 19 April 2012.



2.2.4 April 2012 – March 2013

The Committee continued to conduct oversight over key focus areas identified in the previous section, as follows:.

April – June 2012: The main focus during this term was the review of Budget Vote 15: Basic Education. The Portfolio Committee received briefings on the Strategic Plans and Annual Performance Plans of the Department of Basic Education as well as its Statutory Bodies [South African Council or Educators (SACE), the Education Labour Relations Council (ELRC) and the Quality Council for General and Further Education and Training (Umalusi)] referred to it. Other highlights in the term included engagements as follows:

• A briefing by the Departments of Basic Education and Higher Education and Training on the expectations from Higher Education and Training on the quality of learners produced by the schooling system.

• A briefing on the roles and responsibilities of the National Education Evaluation and Development Unit (NEEDU) and the Planning and Delivery Oversight Unit (PDOU).

• A briefing on the 4th Quarterly Report of the Department of Basic Education.

July - September 2012: The main focus during this term

was the adoption of reports on oversight undertaken by the Portfolio Committee in the previous term. An important engagement with the Department of Basic Education was on the Quarterly Reports (4th Quarter 2011/12 and 1st Quarter 2012/13). The Portfolio Committee further arranged a successful 3-day workshop with the Department of Basic Education which also included the participation of all nine Provincial Education Departments (PEDs). The Chairperson also participated in a Consultative Workshop on the Charter on Basic Education hosted by the South African Human Rights Commission in partnership with the United Nations Children’s Fund (UNICEF) at the Gallagher Estate in Midrand. The Portfolio Committee also sent a multi-party delegation to the Limpopo Province in early July to monitor the Provincial Department in respect of the problems/challenges with the delivery of workbooks and textbooks to schools. Other highlights in the term included engagements with the Department on the following:

• Annual National Assessment (ANA) Readiness • CAPS Regulations • Limpopo Catch-Up Plan • Teacher Supply and Demand • National Senior Certificate (NSC) Exam Readiness • Millennium Development Goals and Education for

All Goals.



October – December 2012: The main focus during this term was the consideration of the Annual Reports of the Department of Basic Education and the Statutory Bodies (The Council for Quality Assurance in General and Further Education and Training (Umalusi), the Education Labour Relations Council (ELRC) and the South African Council for Educators (SACE). These briefings culminated in the drafting and adoption of the Portfolio Committee Budget Review and Recommendation Report (BRRR) within the stipulated timeframes set out. A highlight of these engagements was the informative briefing by the Office of the Auditor-General on the Financial Performance of the Provincial Education Departments. A delegation of the Portfolio Committee also attended the Council for Quality Assurance in General and Further Education and Training (Umalusi) Standardisation meeting in Pretoria from 20 – 21 December 2012.

January – March 2013: The Portfolio Committee started the New Year with a delegation attending the Official Release of the National Senior Certificate Examinations Results for 2012. The main focus during this term, as is the norm, was to undertake Oversight Visits to schools in Limpopo, Northern Cape, KwaZulu-Natal and Eastern Cape. The purpose of the oversight was to assess the state of school readiness for 2013 in the identified districts and provinces. The Committee focused on crucial areas such as the state of the school environment; the supply and training of teachers; readiness to implement the new Curriculum and Assessment Policy Statement (CAPS); the state of registration of learners; the delivery of textbooks, workbooks and stationery; and, the availability of learner transport and school nutrition to qualifying learners.

A further highlight during this period was the start of the Budget Review process. The Portfolio Committee received the Strategic Plans and Annual Performance Plans of the Department of Basic Education as well as its Statutory Bodies [South African Council for Educators (SACE), the Education Labour Relations Council (ELRC) and the Quality Council for General and Further Education and Training (Umalusi)] referred to it. The Committee also arranged a 2-day Workshop with the Department of Basic Education at their Head Office in Pretoria from 26 – 28 March 2013. The Workshop also incorporated the Budget Review of the Department of Basic Education and that of the South African Council for Educators (SACE). The Portfolio Committee continued with the Budget Review of the Council for Quality Assurance in General and Further Education and Training (Umalusi) and the Education Labour Relations Council (ELRC) in April 2013.

The Chairperson of the Committee was also invited to participate in a live studio broadcast panel discussion on Radio 786 on 6 March 2013 – the topics of discussion included school infrastructure, the increase in independent schools in South Africa and teacher absenteeism. The Whip of the Committee attended the National Teacher Awards at



the Gallagher Convention Centre in Midrand from 7 – 8 March 2013.

2.2.5 April 2013 – March 2014: The Committee’s objectives for the year under review were to continue to conduct oversight over key focus areas identified in the previous sections. The Portfolio Committee held its Budget Reviews of the Department of Basic Education and SACE at their Head Offices respectively. A highlight for this period was the International Oversight Visit to Botswana in June 2013. During August 2013 the Committee undertook oversight and monitoring visits to farm schools in the Free State and Western Cape. Once again, the Committee held a 2-day Workshop with the Department on School Infrastructure Development Norms and Standards in Pretoria from 7 – 8 August 2013. At the end of 2013, the Committee visited the offices of the Western Cape Department of Education and did oversight and monitoring of the provincial state-of-readiness for the NSC Examinations for 2013. The Portfolio Committee, during the course of the year, received the necessary briefings and processed the Department and statutory bodies’ Budget Votes culminating in the Portfolio Committee Report on the Budget Vote. Further, the Committee received briefings on the following:

• Quarterly Reports • Policy on Roles and Functions of Districts and

District Support • Status of LTSM Delivery in the country • Progress reports on educator vacancies • Teacher development • Early Childhood Development • Access to Library Services and E-Education • Department’s financial performance

The Committee concluded the year with the consideration of the

Department of Basic Education and statutory bodies’ Annual Report briefings which culminated in the adoption of the Committee Budget Review and Recommendation Report (BRRR) 2013.

3 Key areas for future work

• Monitoring the implementation of the Norms and Standards for infrastructure.

• Assessing and monitoring the Implementation Plan on E-education.

• Continuing to monitor progress on teacher supply, utilisation and development, including the implementation of the Post Provisioning Plan in the Eastern Cape.

• Continuing to monitor the implementation of Inclusive Education.



• Continuing to monitor the implementation of measures for the improvement of learner outcome.

• Monitoring the alignment of the plans and targets of the Department and its entities with the National Development Plan.

• Assessing and monitoring the implementation of the ECD Action Plan, including measures to realise two years of compulsory preschool education as proposed in the National Development Plan.

• Monitoring the phasing in of the introduction of compulsory African languages in schools.

• Interacting with the Presidential Remuneration Commission in respect of the remuneration and working conditions of teachers in rural areas.

4 Key statistics

The table below provides an overview of the number of meetings held, legislation and international agreements processed and the number of oversight trips and study tours undertaken by the committee, as well as any statutory appointments the committee made, during the 4th Parliament:

Activity 2009/10 2010/11 2011/12 2012/13 2013/14 Total

Meetings held

18 34 26 29 19 126

Legislation processed

0 0 1 0 0 1

Oversight trips undertaken

5 11 10 10 7 43

Study tours undertaken

0 0 0 1 0 1

International agreements processed

0 0 0 0 0 0

Statutory appointments made

0 0 0 0 0 0

Interventions considered

0 0 0 0 0 0

Petitions considered

0 1 0 0 0 1



5 Stakeholders:

• Organised Labour: o South African Democratic Teachers Union

(SADTU) o National Professional Teachers Organisation

of South Africa (NAPTOSA) o Suid-Afrikaanse Onderwysunie (SAOU) o Professional Educators Union (PEU) o National Education Health and Allied Workers

Union (NEHAWU) o National Teachers Union (NATU)

• School Governing Bodies

• Learner formations:

o The Congress of South African Students (COSAS)

• Non-Governmental Organisations: o The Right to Education for Children with

Disabilities Campaign o Equal Education o Section 27.

6 Briefings and/or public hearings 6.1 Briefings: The Portfolio Committee, on a weekly basis, received, and

continues to receive briefings from all relevant stakeholders in the education sector on matters affecting the sector including amongst others:

• Quarterly reports from the Department; • Budget Review and Recommendation Reports

(Annual Report Briefings) of the Department and statutory bodies;

• Budget reviews of Department and statutory bodies; • Annual National Assessments; • National Senior Certificate results; • Examination readiness; • School readiness; • Inclusive Education; • Learner Teacher Support Material; • School Infrastructure; • Provincial roles, responsibilities and functions; • Post Provisioning Norms; and • Briefings by SACE, ELRC, Umalusi and AGSA on

matters affecting the sector.



6.2 Public Hearings/participation:

• 2010-Oral hearings on “Delivery of Quality Education in South Africa” and “Access to Education” - and the challenges pertaining thereto.

• 2011-Oral Hearings on “Delivery of Quality Education in South Africa” and “Access to Education” - and the challenges pertaining thereto; and

-Oral Hearings on Basic Education Laws Amendment Bill [B 36 – 2010].

• 2012 -Submission by the Right to Education for Children with Disabilities Campaign on the Budget Review of the Department of Basic Education; -Submission by Equal Education on the performance of the Department for 2010/11 – 2011/12 (BRRR).

• Ongoing - Hearings from stakeholders such as

school management teams, SGBs, and organised labour during oversight visits.

7 Legislation The following pieces of legislation were referred to the committee and processed during the 4th Parliament: Year Name of

Legislation Tagging Objectives Completed/Not

Completed 2011/12 Basic

Education Laws Amendment Bill [B 36D – 2010]

(National Assembly Section 76)

To amend: - or delete certain definitions in the National Education Policy Act of 1996; - the South African Schools Act, 1996, so as to amend certain definitions and to define ‘‘loan’’; to provide for consultation with the Minister of Finance before uniform minimum norms and standards are determined; to ensure that there is no unfair discrimination in

Completed



Year Name of Legislation

Tagging Objectives Completed/Not Completed

respect of official languages; to provide for the imposition of a suitable sanction if an appeal by a learner who had been expelled from a public school has been upheld by the Member of the Executive Council; to provide for public schools that provide education with a specialised focus on talent; to provide for additional functions of a principal of a public school; to provide for the training of governing bodies by recognised governing body associations; to prohibit political activities during school time; to empower the Member of the Executive Council to identify additional schools that may not charge school fees; and to further regulate the liability of the State for certain damages; - the Employment of Educators Act, 1998, so as to amend certain definitions; and to regulate afresh the application of the said Act; - the South African Council for





Educators Act, 2000, so as to amend certain definitions; and to empower the council to manage within its available resources the Continuing Professional Teacher Development System; and - the General and Further Education and Training Quality Assurance Act, 2001, so as to amend certain definitions; and to provide for matters connected therewith.

8 Oversight visits undertaken

The following oversight trips were undertaken:

Date Area Visited Objective Recommen-dations

Responses to Recommen-dations

Follow-up Issues

Status of Report

1 – 2 July 2009

Emperors Palace, Kempton Park

Teacher Development Summit

Oral Report Oral Report None N/A

7 July 2009 NSFAS Offices,

Wynberg, Cape Town (With Higher Education and Training)

Challenges experienced by NSFAS i.r.o Loans bursaries and financial aid to student

See ATC No. 42 - 2009

Adhered to and actioned

See ATC No. 42 – 2009

Adopted on 18 August 2009



7 August 2009

Inkosi Albert Luthuli Convention Centre, Durban

Presidential Mini-Imbizo – Teacher Development

N/A N/A None N/A

6 – 7 August 2009

Swan Lake Lodge, Centurion

Workshop with Curriculum Advisors

N/A N/A None N/A

11 – 12 August 2009

Head Office – Department of Education, Pretoria

Strategic Planning Workshop with Department

See ATC No. 57 - 2009


See ATC No. 57 – 2009

Adopted on 8 Septem-ber 2009

23 – 24 February 2010

Gert Sibanda, Bushbuckridge and Enhlanzeni Districts – Mpumalanga

Oversight and monitoring i.r.o interventions in Mpumalanga

See AC No. 151 - 2010


See AC No. 151 – 2010

Adopted on 16 November 2010

25 – 27 March 2010

Hotel Le Vendome, Cape Town

Committee Workshop with Grey Matters

N/A N/A None N/A

22 – 23 April 2010

Cape Peninsula University of Technology Campus, Cape Town

Stakeholder Summit on Higher Education Transformation

N/A N/A None N/A

13 April 2010

Mitchells Plain and Lansdowne Cape Town

Oversight and monitoring i.r.o Schools of Skills

N/A N/A None Adopted on 16 November 2010

20 – 22 July 2010

Head Office, Department of Basic Education, Pretoria

Workshop with Department of Basic Education

N/A N/A None N/A

22 October 2010

Metropole East Education District, Kuilsriver, Cape Town

Monitoring of Western Cape Education Department Provincial Moderation processes

N/A N/A None N/A



28 – 29 October 2010

Bushbuckridge, Mpumalanga

Oversight and monitoring i.r.o. Provincial Examination Centres

See ATC No. 150 - 2010


See ATC No. 150 - 2010


4 – 5 November 2010

Umlazi Regional Office and Pinetown District Office, KwaZulu-Natal

Oversight and monitoring i.r.o. Provincial Examination Centres

See ATC No. 150 - 2010


See ATC No. 150 - 2010


5 – 6 January 2011

Union Buildings, Pretoria

Official Announcement of the 2010 NSC Examination Results

See ATC No. 13 - 2011


See ATC No. 13 – 2011

Adopted on 8 February 2011

25 – 27 January 2011

Ntabankulu, Eastern Cape and Escourt, KwaZulu-Natal

Oversight and monitoring i.r.o state-of-school readiness

See ATC No. 26 – 2011


See ATC No. 26 – 2011


25 February 2011

Union Buildings, Pretoria

National Teaching Awards 2010 Ceremony

N/A N/A None Adopted on 8 March 2011

2 – 3 March 2011

Woodstock, Cape Town

Impumelelo Skills Training Workshop

N/A N/A None N/A

24 – 25 March 2011

Boksburg, Gauteng

ETDP SETA 4th National Conference

N/A N/A None N/A

6 – 7 June 2011

Bhisho, Eastern Cape

Presidential visit to Eastern Cape visiting schools

N/A N/A None N/A

27 – 29 June 2011


Workshop with Department of Basic Education

See ATC No. 106 - 2011


See ATC No. 106 - 2011




25 – 29 July 2011

North West and Mpumalanga

Oversight and monitoring i.r.o Special Schools, Inclusive Schools and Full-service Schools

None Adopted on 22 November 2011

4 August 2011

Hazeldene Primary School, Mitchells Plain, Cape Town

Oversight and monitoring i.r.o coaching by Spanish volunteers

See ATC No. 109 - 2011


See ATC No. 109 - 2011


11 August 2011

Rosendale High School, Cape Town

Oversight and monitoring i.r.o teenage pregnancies and substance abuse amongst learners

See ATC No. 140 - 2011


See ATC No. 140 - 2011

Adopted on 21 October 2011

15 – 16 September 2011

Mangaung Municipality, Free State

Visit informed by Peoples Assembly

Adopted on 23 Septem-ber 2011

4 – 5 January 2012

Pretoria Official Announcement of 2011 NSC Examinations Results

See ATC No. 22 - 2012


See ATC No. 22 – 2012


10 – 12 January 2012

Libode District, Eastern Cape

Oversight and monitoring I.r.o provincial state-of-school readiness

See ATC No. 26 - 2012


See ATC No. 26 – 2012

Adopted on 6 March 2012

15 – 19 January 2012

Mopani and Greater Sekhukhune Districts, Limpopo AND Bohlabela District, Mpumalanga

Oversight and monitoring I.r.o provincial state-of-school readiness

See ATC No. 26 - 2012


See ATC No. 26 – 2012




20 February 2012

Inanda, Durban Oversight and monitoring i.r.o Ohlange Senior Secondary School

10 – 12 May 2012

Misty Hill, Johannesburg

Umalusi 2012 National Conference

See ATC No. 158 - 2012


See ATC No. 158 - 2012


19 – 22 June 2012

Northern Areas, Port Elizabeth and Mthatha, Libode and Lusikisiki, Eastern Cape

Oversight and monitoring i.r.o. ASIDI and School Infrastructure

See ATC No. 111 – 2012


See ATC No. 111 – 2012


4 – 5 July 2012

Polokwane, Limpopo

Oversight and monitoring i.r.o Delivery of LTSM

See ATC No. 110 - 2012


See ATC No. 110 - 2012


19 July 2012

Gallagher Convention Centre, Midrand

Consultative Workshop on Charter on Basic Education Rights

N/A N/A None Oral Report

25 – 27 July 2012

Monkey Valley Resort, Noordhoek, Cape Town

Strategic Planning Workshop with Department

See ATC No. 165 - 2012


See ATC No. 165 - 2012


3 – 5 October 2012

Kuruman, Northern Cape

Oversight and monitoring i.r.o protest action, school closures and special study camps for learners

See ATC No. 159 - 2012


See ATC No. 159 - 2012


28 – 31 October 2012

Port Shepstone and Pinetown Districts, Durban and Kimberley,

Oversight and monitoring i.r.o provincial state-of-readiness for

See ATC No. 159 - 2012


See ATC No. 159 - 2012




Northern Cape NSC Examinations 2012

20 – 21 December 2012

Pretoria Umalusi NSC Examinations Standardisation meeting

See ATC No. 32 - 2013

N/A See ATC No. 32 – 2013


2 – 3 January 2013

Johannesburg Official Announcement of the NSC Examinations Results 2012

See ATC No. 32 - 2013

N/A See ATC No. 32 – 2013


14 – 17 January 2013 21 – 25 January 2013

Limpopo, Northern Cape, KwaZulu-Natal, Eastern Cape

Oversight and monitoring i.r.o provincial state-of-readiness for 2013 schooling year

See ATC No. 32 - 2013


See ATC No. 32 – 2013


6 March 2013

Radio 786, Athlone, Cape Town

Chairperson participated in live radio broadcast panel discussion

N/A N/A None N/A

7 – 8 March 2013

Gallagher Convention Centre, Midrand

Whip attended National Teacher Awards Ceremony

N/A N/A None N/A

26 – 28 March 2013


Budget Review DBE and SACE

See ATC No. 50 - 2013

See ATC No. 50 – 2013

Adopted on 30 April 2013

23 – 28 June 2013

Gaborone, Botswana

International Study Tour of Botswana

See ATC No. 152 - 2013

See ATC No. 152 - 2013




29 July – 2 August 2013

Free State and Western Cape

Oversight and monitoring i.r.o farm schools

Yet to be tabled

Yet to be tabled To be adopted on 18 February 2014

7 – 8 August 2013


Workshop with Department of Basic Education on School Infrastructure Norms and Standards

Yet to be tabled

Yet to be tabled To be adopted on 18 February 2014

20 September 2013

Western Cape Education Department, Cape Town

Oversight and monitoring i.r.o state-of-readiness for 2013 NSC Examinations

See ATC No. 147 - 2013

See ATC No. 147 - 2013

Adopted on 20 October 2013

23 – 24 December 2013

Innovation Hub, Pretoria

Umalusi NSC Examinations Standardisa-tion meeting

Yet to be tabled

Yet to be tabled Yet to be tabled

6 – 7 January 2014

SABC Studios, Auckland Park, Johannesburg

Official Announcement of the 2013 National Senior Certificate Examination Results

Yet to be tabled


27 – 31 January 2014

Qumbu and Sterkspruit Districts, Eastern Cape

Oversight and Monitoring visit on State-of-School-Readiness for 2014

Yet to be tabled




a) Key observations and recommendations made during oversight visits

(1) Strategic Planning Workshop (2009)

• Learner outcomes in Foundation and Intermediate phases

were not of the desired standard. Hence the Committee welcomed initiatives by the Department to improve the quality of education at schools, including the Foundations for Learning Campaign which aimed to increase every child’s performance in literacy and numeracy in Grades R – 6 by at least 50% by 2011.

• The General Education and Training Branch needed to draw lessons from the successful Kha Ri Gude approach of teaching literacy and numeracy.

• The level of support provided to schools by district offices was a matter for concern

• The Committee resolved to call a meeting on the subject of literacy and numeracy competence of school-leavers and invite the Department and authors of the report showing low literacy and numeracy competence at first year university level, to engage in Parliament.

(2) Oversight and monitoring in respect of Interventions in

Mpumalanga

• Senior management of the Mpumalanga Department of Education needed to pay urgent attention to resolving the management instability in the Bushbuckridge Region as this negatively impacted on the region’s ability to improve learner performance.

• The high vacancy rate of educators remained a matter of concern and needed to be attended to as a matter of urgency.

• There was a need for the Enhlanzeni Region to develop mechanisms to transport question papers to the examination centres on the day they were written in order to minimize security risks.

(3) Oversight and monitoring in repsect of Provincial Exam

Readiness (Mpumalanga)

• Overall, the delegation noted that the security measures regarding the storage of question papers had been improved through the use of strong rooms, safes, burglar-gates, burglar alarms, and security guards in Mpumalanga.

• Members were not entirely happy with what they had observed at Umlazi, Ilembe and Pinetown in respect of storage facilities.

• The delegation was impressed that there had been no notable breaches or irregularities to date in all the examination centres, and commended the teams responsible.

• There were serious concerns around the accountability of left-over papers and how they were being handled.



(4) Oversight and monitoring in respect of Provincial State-of-School readiness (Eastern Cape + KwaZulu-Natal)

• There was a need to ensure that the review of the quintile

system that was in process eliminates inconsistencies in the current classification of schools

• The Department of Basic Education needed to submit time frames to the Committee of its strategy to eradicate mud schools.

• There was a need to strengthen Inter-Governmental Relations in order to facilitate effective service delivery particularly in services that cut across jurisdictional boundaries - this included the need for schools to improve relations with municipalities and make inputs on their Integrated Development Plans (IDPs) in order to ensure that municipal services were provided to schools.

• There was a need to ensure that outstanding Learner Support Material, including workbooks were delivered to schools as a matter of urgency in order to facilitate effective learning and teaching. In future the Department needed to ensure that all learner support material was delivered to school on the first day of schools’ reopening.

• The Department needed to monitor schools to ensure that they use allocated funds for intended purposes.

4.1 Eastern Cape

o There was a need for an urgent national intervention to address administrative and financial challenges facing the province which seriously undermined teaching and learning in the already struggling education system.

o The Eastern Cape Department of Education needed to lift the suspension of temporary teachers and re-instate them as a matter of urgency as their absence posed serious challenges to teaching and learning.

o The School Nutrition Programme and the Scholar Transport Programme needed to be re-introduced as a matter of urgency to all the learners who qualified.

o The Eastern Cape Department of Education needed to submit reports to the Committee on the findings of the investigations of the mismanagement of funds of the School Nutrition Programme and the Learner Transport Programme, including the manner in which the Department would address the recommendations made.



4.2 KwaZulu-Natal

o The National Department needed to monitor the implementation of access roads and bridges that would allow learners and teachers to reach schools timeously during the rainy period.

o Schools that were hit by flood damage to be renovated by the Province immediately.

o Learner and Teacher Support Material to be delivered.

o The National Department had developed a programme to eradicate mud schools.


• There was concern over the possible duplication of duties by the various directorates. Members also raised questions around the inter-sectoral collaboration.

• It was important that the Chief Directorate on Care and Support produced an exact budget to fulfill its mandate.

• The Committee was of the view that this was an important chief directorate which needed to be allocated additional financial resources to fulfill its mandate.

(6) Oversight and monitoring in respect of Special Schools,

Inclusive Schools and Full Service Schools

• The Department of Basic Education, together with the Provincial Education Departments, needed to intensify teacher training in specialised areas of special needs, taking into account the varying levels of training needs of different schools.

• The Department of Basic Education, together with Provincial Departments of Education, needed to expedite and scale up the implementation of the curriculum that responded to the skills subjects offered in special schools.

• Given that transport was one of the keys to access, it was critical that the Provincial Education Departments, together with the Department of Transport, made transport arrangements to ensure that learners with special needs were able to travel to and from school.

• The National Department, together with the Provincial Education Departments needed to deliver timeously to schools sufficient Learner and Teacher Support Material, including workbooks.

• The National Department needed to make representations to ensure that Sign Language became an official language in order to enhance quality learning and teaching.



(7) Oversight and monitoring in respect of Hazeldene Primary School, Mitchells Plain:

• There was a need to have a follow-up meeting with the

Portfolio Committee on Sport and Recreation – to discuss the Memorandum of Understanding between the Ministers of Basic Education and Sport and Recreation.

• There was a need to have a special meeting with all relevant stakeholders and associated NGOs involved in sport.

(8) Oversight and monitoring in respect of Rosendale High

School, Cape Town:

• The Departments of Basic Education, Health and Social Development needed to work together to address challenges faced by the schools and the community.

• The Department of Basic Education needed to ensure that Sexual Harassment and Teenage Pregnancy Policies were implemented.

• The Department of Basic Education needed to ensure that parents/communities were involved in the activities of the school.

• Awareness campaigns on teenage pregnancies and substance abuse needed to be regularly held by the Department of Basic Education.

(9) Oversight and monitoring in respect of Provincial State-of-

School readiness 2012 (Eastern Cape, Limpopo and Mpumalanga):

• The Provincial Departments of Education (PEDs) needed to

deal with the issue of vacancies in all critical areas as a matter of urgency. These included vacancies for subject advisors, circuit managers and teachers in critical subjects such as mathematics and physical science.

• The national Department of Basic Education, together with the Provincial Education Departments, needed to deliver timeously to schools sufficient Learner and Teacher Support Material, including textbooks and workbooks. There was a need to ensure that schools enforced the policy on textbook retrieval to ensure that the required textbooks were returned to school.

• The national Department of Basic Education, together with the Provincial Education Departments, needed to find a more amicable solution to the challenge posed by the termination of temporary teachers. There was also a need to fast track processes to deal with the absorption of teachers in order to facilitate the employment of new educators.

• The Provincial Education Departments, together with the Department of Transport, needed to make transport available to all qualifying learners to ensure that they were able to travel to and from school.

• There needed to be a speedy resolution to serious challenges of capacity that gave rise to the Section 100 1 (b) intervention in the Eastern Cape and Limpopo.



• The Provincial Education Departments needed to intensify the CAPS training, taking into account the varying levels of training needs of different schools.

-

(10) Oversight and monitoring in respect of Ohlange Senior Secondary School (Durban)

Ohlange Senior Secondary needed to do an urgent audit of all that they require and was short of i.r.o Learner Teacher Support Material and Infrastructure. This needed to be communicated to the Provincial Office for processing. The Provincial Department needed to submit the reports on all investigations completed, unresolved and yet to be finalised (with timelines). It was important that the school received all the necessary support from the District as well as the Province. The Department needed to produce clear programmes of intervention in respect of infrastructure development – the school was special and needed to be prioritised.

(11) Oversight and monitoring in respect of the Delivery of LTSM

(Limpopo)

• The Department of Basic Education and the Limpopo Department of Education needed to ascertain that Grades 1, 2, 3 and 10 textbooks were delivered to schools when schools reopen after the July holiday. The Committee would require a comprehensive progress report on this matter.

• Adequate resources needed to be found to procure books for 2013 and that planning needed to be conducted for their timeous procurement and delivery. The Department of Basic Education in conjunction with the Limpopo Department of Education needed to submit a report on progress within a month of the adoption of this report by the National Assembly.

• The Department of Basic Education and the Limpopo Department of Education needed to take all the necessary steps to ensure that due processes were followed in respect of those responsible for the textbook problems in Limpopo, including the following:

o The shredding of textbooks; o The authorisation for the shredding

thereof; o The unauthorised removal of

textbooks from warehouses; o The outcome following

investigations into allegations of financial management misconduct, and

o Any other form of misconduct related to the non-delivery of textbooks.

• There was a need to develop legislation to regulate the implementation of Section 100(1)(b) according to 100(3) of the Constitution of the Republic of South Africa, 1996.




The Department of Basic Education needed to ensure the following be actioned:

• To put policies and reporting mechanisms in place and implement them;

• To enforce compliance to the systems that are in place; • To put proper mechanisms between the national department

and provinces to ensure compliance to policies; • To put effective and common instruments for the better

assessment of the sector in order to monitor compliance to the programmes implementation and general issues in the system;

• To put a clear and simple checklist that is diagnostic in nature to identify and note early warning signs in the system;

• To strengthen the system for its common benefit in intensifying the level of concurrence;

• To further institutionalize monitoring and evaluation systems and put clear indicators that will assist to quickly ascertain how the system is running in finance, governance, etc in order to draw red flags and act in good time;

• To find ways to address the accruals and financial challenges faced by the Limpopo and Eastern Cape provinces.

(13) Oversight and monitoring in respect of Protest Action and School Closures (Kuruman, Northern Cape)

• The Northern Cape Department of Education, in conjunction

with the Department of Labour, investigates the trucking of learners to neighbouring areas to do seasonal work and submit a report on a way forward.

• Given that the service delivery protest action in the John Taolo Gaetsewe District was complex, Parliament needed to consider establishing an inter-faith, inter-disciplinary team to work with the communities and School Governing Bodies (SGBs) to find lasting solutions to the problems experienced.

(14) Oversight and monitoring in respect of Provincial State-

of-Exam readiness 2012 ( KwaZulu-Natal and Northern Cape)

• Parliament is updated on plans to address the challenge of

insufficient storage space for examination material in Port Shepstone (Ugu District)

• The Northern Cape Department of Education needed to continue giving support into 2013 to learners who had very little or no schooling for the period of the protest action

• The issue of the competency tests for markers needed to be resolved as soon as possible through engagements with all unions. The dispute on the remuneration of markers needed to be resolved as a matter of urgency.

• The allegations made by the KwaZulu-Natal Department of Education of not receiving the Occupation Specific Dispensation (OSD) allowances needed to be investigated and the necessary procedures be put in place to ensure that



the Department receives its OSD allowances in accordance with the relevant regulations.

(15) Oversight and monitoring in respect of Provincial State-of-

School readiness 2013 (Limpopo, Northern Cape, KwaZulu-Natal, Eastern Cape)

• The Provincial Departments of Education (PEDs) needed to

deal with the issue of vacancies as a matter of urgency. • The Eastern Cape Department of Education needed to resolve

disagreements with teacher unions on post provisioning expeditiously and fast-track the placement of qualified teachers to suitable positions.

• The PEDs deliver all outstanding textbooks and workbooks as a matter of urgency. Once again, as recommended in the 2012 Portfolio Committee school readiness report, all provinces and districts needed to ensure that schools enforced the policy on textbook retrieval to ensure that the required textbooks were returned to schools. Principals failing to implement this policy needed to be held accountable.

• The Quality Learning and Teaching Campaign (QLTC) needed to be revived at all levels across provinces to make education a societal issue.

• The PEDs needed to intensify support to schools in using ANA results for their intended purpose as a diagnostic tool to identify specific areas of learning weakness with the view to improve learner performance.

• Consideration needed to be given to support the Limpopo Department of Education in its bid for substantial funding to address its major infrastructure backlog.

b) Issues for follow-up emanating from recommendations during

oversight visits The 5th Parliament should consider following up on the following concerns that arose during oversight visits: (1) Learner outcomes: Although learner performance in the NSC and ANA, Foundation Phase, improved during the period under review, learner outcomes in Intermediate and Senior phases, particularly Grade 9 in Mathematics, remain of concern. The quality of passes in the NSC as indicated by the number of bachelor passes and the quality and number of Mathematics and Physical Sciences passes also requires oversight attention. It was further observed that South Africa continues to perform at low levels in Science and Mathematics compared to other countries. (2) District support: The level of support provided to schools by District Offices remains a matter for concern. The 2014 oversight visit to the Eastern Cape highlighted that there was a need for more targeted support to underperforming schools in the two Districts visited. There is also a need to intensify support to schools in using ANA results for their intended purpose as a diagnostic tool to identify specific areas of learning weakness with the view to improve learner performance.



(3) Post provisioning: The high vacancy rate of educators remains a matter for concern, particularly in respect of the gateway subjects of Mathematics and Physical Science. The implementation of the Eastern Cape’s Management Plan regarding the redeployment of teachers additional to staff establishment and the absorption of temporary teachers should be monitored closely (4) Quintile system: There is a need to ensure that the review of the quintile system currently in process eliminates inconsistencies in the current classification of schools, where some schools serving economically disadvantaged communities are classified in higher quintiles. (5) Infrastructure: progress in the eradication of inappropriate structures was slower than intended during the period under review. (6) Inter-Governmental Relations: There is a need to strengthen Inter-Governmental Relations in order to facilitate effective service delivery, particularly in services that cut across jurisdictional boundaries. This includes the need for schools to improve relations with municipalities and make inputs on their Integrated Development Plans (IDPs) in order to ensure that municipal services are provided to schools. (7) LTSM: Although the delivery of Learner Teacher Support Material has improved, shortages, largely due to changes in learner enrolments, are still reported in schools. There is a need for swift action to ensure that all learners receive their LTSM timeously. There is also a need to ensure that all schools enforce the policy on textbook retrieval to ensure that the required textbooks are returned to school.

(8) Inter-sectoral collaboration: There is a need to strengthen the inter-sectoral collaboration, how this is coordinated and how it affects the work of the Department. (9) Special schools and Inclusive education: The Department of Basic Education, together with the Provincial Education Departments, needs to intensify teacher training in specialised areas of special needs, taking into account the varying levels of training needs of different schools. Special Schools require more intensive, frequent and consultative support based on their expressed need. The Department of Basic Education, together with Provincial Departments of Education, needs to expedite and scale up the implementation of the curriculum that responds to the skills subjects offered in special schools.

(10) Learner transport: It is critical that the Provincial Education Departments, together with the Department of Transport, make transport available to all qualifying learners, including those with special needs. (11) QLTC: The Quality Learning and Teaching Campaign (QLTC) should be strengthened at all levels across provinces to make education a societal issue



(12) Filling of vacancies: The Provincial Departments of Education (PEDs) should deal with the issue of vacancies in all critical areas as a matter of urgency. These include vacancies for subject advisors, circuit managers and teachers in critical subjects such as mathematics and physical science. (13) Rural incentives: To attract and retain suitably qualified educators to deep rural areas, the PEDs need to prioritise and scale up the roll out of motivational incentives. The implementation of these incentives needed to be closely monitored to ensure that they had the desired effects.

(14) Provinces under administration: Ways should be found to address the accruals and financial challenges faced by the Limpopo and Eastern Cape provinces. (15) Exam readiness: The issue of the competency tests for markers should be resolved as soon as possible through engagements with all unions. The PEDs needed to intensify support to schools in using ANA results for their intended purpose as a diagnostic tool to identify specific areas of learning weakness with the view to improve learner performance. Consideration needed to be given to support the Limpopo Department of Education in its bid for substantial funding to address its major infrastructure backlog.

9. Study tours undertaken The following study tour was undertaken:

Date Places

Visited Objective Lessons

Learned Status of Report

23 – 28 June 2013

Gaborone, Botswana

The main purpose of the tour was to ascertain areas of best and replicable practices South Africa could learn from the Botswana education system in order to contribute to the improve-ment of the quality of basic education. Specific object-ives of the study tour were the following:

• To establish how the Botswana education system is among the highest in Africa in Literacy and Nume-racy.

• To investigate the alignment of educa-tion Acts and depart-ment policies with

See ATC No. 152 - 2013




Date Places Visited

Objective Lessons Learned

Status of Report

the successes of the Botswana education system. To establish what assists and what impedes in the aim to achieve quality.

• To explore the systems of Early Childhood Development (ECD), inclusive education and vocational education in upper secondary education.

• To gain insight as to how Botswana reduces the achievement gap amongst learners.

• To interact with various stakeholders in Botswana’s education system and to understand how they support schools to contribute towards their country’s academic achievements in terms of teacher performance; discipline; and, curriculum excellence.

a) Issues for follow-up: The 5th Parliament should consider following up on the following concerns that arose:

The Minister of Basic Education needed to consider ensuring that:

• The Department of Basic Education, together with Provincial Education Departments, continued to invest, focus on and refine its key current priorities such as teacher development, inclusive education and Early Childhood Development, since they provided an opportunity to improve the quality of learning outcomes.



• Provincial Education Departments (PEDs) needed to investigate the feasibility of adapting positive aspects of proven programmes dedicated to improving language literacy, such as the Breakthrough to Setswana and the Reading Challenge Programme, with a view to implementing them in needy South African schools. This needed to be conducted in conjunction with the implementation of the valuable recommendations to improve language literacy as contained in the recently released National Education Evaluation and Development Unit (NEEDU) report.

• The Department of Basic Education, together with Provincial Education Departments, needed to intensify the forging of strong collaborations and partnerships with stakeholders to provide support in the provision of facilities to needy schools. The Botswana experience and recent experiences in South Africa demonstrated the vital role that stakeholders play in the improvement of basic education.To attract and retain suitably qualified educators to deep rural areas, all PEDs needed to roll out motivational incentives. The implementation of these incentives needed to be closely monitored to ensure that they had the desired effects. A report on plans to ensure that all provinces implemented existing incentives for all qualifying teachers in rural areas needed to be submitted to the Speaker of the National Assembly, within three months of the adoption of this report.

• The Department of Basic Education needed to also engage with the recently established Presidential Remuneration Commission to ensure that the remuneration and working conditions of teachers in rural areas were considered favourably.

10. International Agreements: None

11. Statutory appointments: None

12. Interventions: None

13. Petitions: The following petition was referred to and considered by the Committee: Title Date

referred Current status

Petition on the Withdrawal of Subsidies to Six Eastern Cape Independent Schools, submitted in terms of Rule 312 (Dr Z Luyenge)

ATC No. 27 – 2010

Completed and Report adopted on 8 March 2011



Challenges emerging from Petition: No challenges were encountered. The Portfolio Committee dealt with and reported on the matter with the following conclusion:

- The information and documentation received by the Portfolio Committee, specifically the performance requirement in the legislative and regulatory provisions that guide the subsidisation of independent schools, confirmed that the action of the Eastern Cape Department of Education was in line with departmental policy. All six schools performed below the required provincial average Grade 12 pass rate for public schools in 2009. Umtata College of Maths and Science would be eligible for a subsidy in 2011 based on its improved performance in the 2010 matriculation results, provided it meets all the other criteria.

14. Obligations conferred on committee by legislation:

In terms of Section 5 of the Money Bills Amendment Procedures and Related Matters Act, No. 9 of 2009 the National Assembly, through its Committees, must annually compile Budgetary Review and Recommendation reports (BRRR) that assess service delivery and financial performance of departments and may make recommendations on forward use of resources. The BRRR is also a source document for the Committees on Appropriations when considering and making recommendations on the Medium Term. The Portfolio Committee on Basic Education, for the last three years, completed its Budget Review and Recommendation Reports (BRRRs) as prescribed. Key recommendations made in the 2013 BRRR which require attention are as follows: Budget Review and Recommendation Report (BRRR) 2013: a) Department of Basic Education

• Provide Parliament with a turnaround strategy, with action plans, to address the A-G’s audit findings. The Departmentwas also requested to report quarterly on progress made. The action plans needed to include a focus on how the Department will address challenges around:

o Predetermined objectives; o Supply Chain Management; and o Compliance in respect of

expenditure management, financial and performance management.

• Provide Parliament with a remedial programme to effect improvement on the gaps identified by the Management Performance Assessment Tool (MPAT)



conducted by the Department of Performance Monitoring and Evaluation. The Department was also requested to report quarterly on progress made.

• Find solutions to the disbursement of the Funza Lushaka bursaries on time to institutions and students.

• Report in future Annual Plans on important sectoral data relating to teacher supply, utilisation and demand that capture factors such as subjects they teach, school phases and geographical areas, to enable Parliament to monitor performance more effectively.

• Together with Provincial Education Departments, improve efficiency in conducting processes linked to the appointment of educators, including the redeployment of educators additional to the post establishments in schools, the conversion of temporary appointments and the placement of Funza Lushaka graduates.

• Improve service delivery and spending in respect of ASIDI.

• Together with provincial education departments, continue to invest, focus on and refine programmes on Inclusive Education, to facilitate progress in this critical area that continues to pose a challenge.

• Together with the Department of Higher Education and Training ensure that there is an adequate supply of teachers.

• Ensured that needy learners have access to Special Schools and that teachers in these schools are adequately trained and developed.

• Accelerate the implementation of e-Education, including ICT Infrastructure at schools to improve learner success.

• Continue to strengthen the communication strategy of the Department in order to project a positive image of the Department.

• Prioritise allocating Umalusi additional funding over the medium term as requested, in order for the Council to effectively carry out its mandate.

b) ELRC

• Fill the critical vacancies at the ELRC. • Resolve issues of irregular spending and fruitless

and wasteful expenditure. c) SACE

• Ensure accuracy in respect of numbers and qualification of teachers on the entity database.

• Fast-track the full roll-out and implementation of Continuing Professional Teacher Development (CPTD).

• Review targets set in the Annual Performance Plan to ensure that they are realistic.



d) Minister of Finance

• The Minister of Finance should consider allocating

additional funding to the Department of Basic Education over the medium term in respect of the following priority projects:

o The incremental introduction of African Languages (IIAL);

o Increased access to libraries; o Inclusive Education; o ECD practitioner training and material

development.

15. Summary of outstanding issues relating to the department/entities that the committee has been grappling with

The following key issues are outstanding from the committee’s activities during the 4th Parliament:

Responsibility Issue(s)

DBE Responses to recommendations on the school-readiness oversight visit to the Eastern Cape

DBE, ELRC and SACE

Responses to recommendations on the BRRR

DBE Finalising the Implementation Plan on E-education DBE (together with other relevant departments )

Finalising the Implementation Plan on ECD

The Presidential Public Service Commission

Progress report on the review of salaries of educators.

16. Key challenge emerging

With reference to Point 8 (Oversight visits undertaken) in this report, it was noted that Members of the Portfolio Committee, having honoured invitations to certain workshops, conferences, summits and special invitations; did not submit any report-back to the Portfolio Committee (either written or oral).

17. Recommendation

For accountability purposes, it was agreed that Members of the Portfolio Committee should submit a written report to the Portfolio Committee on any workshops, conferences, summits or special invitations attended by the Member of the Portfolio Committee.



2. REPORT OF THE PORTFOLIO COMMITTEE ON HEALTH ON ITS ACTIVITIES UNDERTAKEN DURING THE 4TH PARLIAMENT (MAY 2009 – MARCH 2014), DATED 12 MARCH 2014 Key highlights 1. Reflection on committee programme per year and on

whether the objectives of such programmes were achieved Over the last five years, the committee managed to achieve the following: - Processed the Mental Health Care Amendment Bill and the

National Health Care Amendment Bill. The latter resulted to the formation of the Office of Health Care Standards

- Ensured that the public was at the centre of many of its processes especially while considering oversight to assess their state of readiness to deliver health services.

- The Committee also managed to visit all nine provinces while the country was preparing for the 2010 FIFA World Cup.

- Closely monitored the spending patterns of the department together with its entities.

1. Committee’s focus areas during the 4th Parliament

- Considering legislation - Oversight visits - Briefings with the Department on key health priorities

2. Key areas for future work

- Strengthen oversight role - Monitoring and influencing the budget of the Department and its

entities - Strengthen relationship with key stakeholders and improve public

participation 3. Key challenges emerging

- The key challenge was that there were constant changes on the Parliamentary programme which affected the committee’s programme. More often, the time allocated to committees was insufficient. As a Committee focusing on health and as a priority of government, more of oversight activities should be prioritised.

- Members serving in other committees



4. Recommendations

- Intensify oversight on performance and financial reporting of the national department and provincial departments and entities.

- Committee to follow-up on reports on issues which were not attended to during the five year period.

- Creating enough space in its programme, for oversight visits. Such visits should encompass a mix of both remote areas of South Africa and the peri-urban areas in order to enable the committee to determine if indeed health services are reaching the rural poor and disadvantaged sector of our society.

- Ensuring that oversight visits should be followed by follow-up activities to ensure that the findings of the committee are dealt with by the Department/Entity. Such follow-up activities may include return visits to same sites to ascertain progress made by government.

- The committee should be given an opportunity to learn more about NHI so that it can take an informed decision when the NHI becomes legislation.

- The committee should Insists on timeframes for submission of reports or briefing documents to the committee in order to avoid late submission which affects the committee’s ability to critically and effectively engage in discussions about the subject matter under consideration.

- The committee should closely monitor the Compensation Commissioner for Occupational Diseases (CCOD) to ensure that it delivers on its mandate.

- The committee should ensure that findings of the commission investigating prices of the private sector are presented in Parliament.

1 Introduction The aim of this report is to provide an account of the Portfolio Committee on Health’s work during the 4th Parliament and to inform the members of the new Parliament of key outstanding issues pertaining to the oversight and legislative programme of the Department of Health and its entities. This report provides an overview of the activities the committee undertook during the 4th Parliament, the outcome of key activities, as well as any challenges that emerged during the period under review and issues that should be considered for follow up during the 5th Parliament. It summarises the key issues for follow-up and concludes with recommendations to strengthen operational and procedural processes to enhance the committee’s oversight and legislative roles in future.



1.1 The role and mandate of committee: Parliamentary committees are mandated to: 1. Monitor the financial and non-financial performance of government

departments and their entities to ensure that national objectives are met;

2. Process and pass legislation; and 3. Facilitate public participation in Parliament relating to issues of

oversight and legislation. The Portfolio Committees carries out its mandate through: 1. Meetings (encouraging public participation) 2. Oversight visits 3. Processing of legislation 1.2 Department/s and Entities falling within the committee’s portfolio The Portfolio Committee on Health has a mandate to conduct oversight over the Department of Health and its entities (Council for Medical Schemes, Medical Research Council, National Health Laboratory Service and the Compensation Compensation Commissioner for Occupational Diseases in Mines and Works and the Medical Bureau for Occupational Diseases). The core mandate of the Department of Health is to improve the health status of South Africans through the prevention of illnesses and the promotion of healthy lifestyles and to consistently improve the health care delivery system by focusing on access, equity, efficiency, quality and sustainability. Over the five year period, the health sector focused on the implementation of the following priorities:

• The 10 Point Plan for 2009-2014; • Millennium Development Goals 2000-2015; • Health Goals from the National Development Plan (NDP) 2030; and • The Health Sector Negotiated Service Delivery Agreement (NSDA)

- Government’s outcome-based approach to service delivery. The Health sector is responsible for the achievement of Outcome 2 which is “A long and healthy life for all South Africans”.

Over the five years, health sector priorities set out in the SONA included the need to address:

• HIV and AIDS and access to treatment (2009-2013) • Improving health indicators and meeting millennium development

goals (2009-2013) • Non-communicable diseases (2012) • Reintroduction of school health programmes (2010) • Revitalisation of nursing colleges, hospitals and clinics (2009-2011)



• National Health Insurance (2009-2013) • Improve human resources for health (2009,2011)

Department’s spending trends over the five year period (2009/10 – 2013/14) R billion

2009/10 Outcomes

2010/11Outcomes

2011/12Outcomes

2012/13Outcomes

2013/14 Estimates

NDoH 19 168.6 22 520.3 25 712.8 27 898.9 30 706.7 Health spending increased from R19.2 billion in 2009/10 to R27.9 billion and expected to increase to R30.8 billion in 2013/14. From 2009/10 to 2013/14 the Department received unqualified audit opinions from the Auditor-General. 1.3 The public entities under the Department of Health

1) Council for Medical Schemes (CMS) The council’s vision for the medical scheme industry is that it is effectively regulated to protect the interests of members and promote fair and equitable access to private health financing.

2) National Health Laboratory Services (NHLS) The role of the NHLS is to provide cost effective and efficient health laboratory services to all public sector health care providers, other government institutions and any private health care provider in need of its service, support health research and provide training for health science education.

3) Medical Research Council (MRC) The objectives of the MRC are to promote the improvement of health and quality of life through research, development and technology transfer. Research and innovation are primarily conducted through council funded research units located within the council and in higher education institutions.

4) Compensation Commissioner for Occupational Diseases (CCOD)

The CCOD is responsible for administering the Mines and Works Compensation Fund to compensate ex-miners who have been certified to be suffering from occupational lung diseases.



2 Key statistics The table below provides an overview of the number of meetings held, legislation and international agreements processed and the number of oversight trips and study tours undertaken by the committee, as well as any statutory appointments the committee made, during the 4th Parliament: Activity 2009/10 2010/11 2011/12 2012/13 2013/14 Total

Meetings held

14 26 28 24 22 114

Legislation processed

None None 1 1 None 2

Oversight trips undertaken

1 (Eastern Cape)

5 (Eastern Cape, Free State, KwaZulu- Natal, Gauteng and North West)

2 (Limpopo and Free State)

2 (Eastern Cape and KwaZulu- Natal)

2 (North West and Mpumalanga)

12

Study tours undertaken

None None 1 (Thailand)

1 (UK, London)

None 2

International agreements processed

None None None None None 0

Statutory appointments made


Interventions considered


Petitions considered


3 Briefings and/or public hearings For the period under review, the Committee allowed for public participation and also took briefings on broad health issues. The Committee engaged the department and its entities on their strategic plans, budget votes, annual reports, policy and legislation. The Committee also held briefings with other bodies including the Health Professions Council of SA, SA Nursing Council, Hospital Association of SA, South African Medical Association, Health Systems Trust, Statistics SA, Human Sciences Research Council and Council for Scientific and Industrial Research and



other stakeholders. Briefings, public hearings and oversight within and outside Parliament, as contained in respective programmes of the Committee focused on the Department’s strategic goals, health sector priorities as well as pieces of legislation which were referred to the Committee. The Department’s strategic goals spoke to increasing life expectancy, reducing maternal and child mortality rates, combating HIV and AIDS and decreasing the burden of disease from tuberculosis and strengthening health systems effectiveness. These put the Department of Health in line with government’s National Development Plan which highlights the need to address social and environmental determinants affecting health and disease; strengthen the health system; preventing and reducing disease burden and promoting health; and financing the health system. 4 Legislation The following pieces of legislation (Annexure 1) were referred to the committee and processed during the 4th Parliament:

• National Health Amendment Bill (2011/12)

The objectives of this piece of legislation were to establish of the office of health standard compliance as a national quality management and accreditation body. The amended bill is aimed at improving the quality of health care in the public sector. The Amendment Bill was referred to Parliament in 2012. Briefings and public hearings were held in Parliament. The bill was approved by both houses of Parliament.

• Mental Health Care Amendment Bill (2012/13) The objective of this legislation was to amend the Mental Health Care Act 2002, so as to insert a new section that provides for the delegation of powers by the head of the National Department of Health. The amendment was aimed at enabling the Director-General of the National Department of Health to delegate certain powers to official within the Department in relation to the care of involuntary healthcare users. The Amendment Bill also aimed to repeal the remaining chapter of the 1973 Act. The Amendment Bill was referred to Parliament in 2012. Briefings and public hearings were subsequently held in Parliament and adopted the amended bill on the 12th of November 2013.



4.1 Issues for follow-up

- The new Committee should follow -up on progress of regulations of the Mental Health Act.

- The new Committee should monitor the operations of the Office of health standard compliance to ensure its independence.

5 Oversight trips and study tours undertaken The following oversight trips were undertaken (Annexure 2): Oversight visit to Free State Province (3-6 August 2010) The purpose of the visit was to assess their infection prevention and control strategies, management of the HIV, and the control of MDR and XDR Tuberculosis. The Committee found that there was no infection control policy on the institutions; human resources shortages in all institutions; long waiting times; and ambulance shortages. The Committee recommended that all the issues and findings be addressed by the Department. Oversight visit to Eastern Cape Province (12-13 August 2010) On 12-13 August 2010 the Portfolio Committee visited the Eastern Cape to assess the quality of health service delivery, the state of health facilities and access to health. Pertinent findings during this visit included the shortages of staff; lack of infrastructure in clinics; lack of patients transport and ambulances. Oversight visit to Eastern Cape, Free State, Gauteng, North West and Limpopo Provinces During 2010 the Committee visited different provinces to assess the state of readiness in the host cities in preparation for the 2010 FIFA World Cup.

Oversight visit to Charlotte Maxeke Academic Hospital, Gauteng Province (21 May 2010) The Committee visited Charlotte Maxeke Academic Hospital following the death of six infants in the neonatal ward in May 2010. The Committee aimed to assess the situation and evaluate the strategies used by the hospital in handling the infection to prevent further spread. The Committee found that infection and prevention strategies were lacking and recommended that the Department embark on a community immunisation campaign and the need to strengthen the quality of neonatal care through improved infection and prevention strategies.



Oversight visit to Cecilia Makiwane Hospital, Eastern Cape Province (28 March 2011) Following an infection outbreak in Cecilia Makiwane Hospital which resulted in 29 infant deaths by the end of February, the committee embarked on an oversight visit to assess the status of the hospital, possible causes of the infection and infection control strategies utilised by the hospital. Oversight visit to Gauteng (29-31 March 2011) The Committee visited different health care facilities in Gauteng Province to assess the quality of health services, the state of health facilities and progress made in meeting the MDGs related to health. Oversight visit to Limpopo Province (10-12 August 2011) On this oversight visit, the committee aimed to assess infection control strategies and quality of health services; gain insight into the functioning of the healthcare system in the province; observe women and maternal programme in line with the MDGs; get a report on circumcision procedures and guidelines; as well assessing the safety of patients and staff in health facilities. Oversight visit to Mpumalanga Province (15-16 September 2011) The purpose of the visit was to assess the quality of health services in preparation for the People’s Assembly.

Oversight visit to Eastern Cape (18-22 June 2012) The Committee aimed to assess spending of the health infrastructure grant.

Oversight visit to the North West Province (29 July – 2 August 2013) The purpose of the visit was to assess health care delivery in general, with special emphasis on quality of health services, infection prevention and control, the referral system, functioning of the primary health care system, roll out of ARVs and drug availability, achievements and challenges with regard to the roll out of the National Health Insurance Pilot Project. The visit also aimed at gaining insight into the functioning and recruitment of retired nurses, how they are compensated and their scope of work. The Committee recommended that the Department looks into issues of patient waiting times, equipment shortages, staff shortages, and infrastructure maintenance.



Oversight visit to Mpumalanga Province (16-17 September 2013) The purpose of the visit was to assess infection control strategies and the quality of health services, the referral system and the functioning of the primary health care system, roll out of ARVs and drug stock outs, achievements and challenges with the roll out of the National Health Insurance Pilot Project. The Committee also wanted to gain insight into the functioning and recruitment of retired nurses, how they are compensated and their scope of work. The Committee also wanted to assess revitalisation projects and their functionality as well get a report on the deaths of initiates. The Committee found that the district battled with issues related to high HIV and AIDS prevalence, high infant and under five mortality.

The following study tours were undertaken (Annexure 3): (The findings and the recommendations of the above mentioned oversight visits are incorporated in the committee’s oversight reports) Study tour to Bangkok (23-27 January 201?) The Committee decided on the study tour pre-empting the piloting of the NHI in various areas of South Africa, as well as health care services in general. The NHI will reshape South Africa’s health care system. Also, it decided on Thailand as a country which is perceived to have one of the good health care system. The learning therefore from the Thai government healthcare system will assist Members of Parliament (MPs) in their future oversight activities. Study tour to London (2-9 December 2012) The key objectives of the study tour were to review and learn lessons from features of the NHS where current pending South African policy and legislation has drawn heavily on the UK experience, to understand better oversight functions as Parliamentarians monitoring the delivery of healthcare and to network and develop partnerships with other Parliamentary organisations based in the UK such as the Commonwealth Parliamentary Association.

5.1 Challenges in relation to oversight visits and study tours • Planned oversight visits to provinces usually not properly

communicated by the province to the relevant health facilities. • Applications not approved on time to allow the committee enough

time to prepare. • Parliamentary programme which does not always allow for

committees to undertake their oversight visits or study tours as planned.

• Members not attending



5.2 Issues for follow-up • The Committee should visit more countries as to enable itself to

learn about the National Health Insurance. • The Committee should conduct follow-up visits to ensure that

recommendations tabled by the Committee to the provincial departments are implemented.

6 International Agreements: For the period under review, the committee did not consider any international agreements. 7 Statutory appointments For the period under review, the committee did not conduct any statutory appointments. 8 Interventions No interventions were referred to the committee for the period under review. 9 Petitions The committee did not consider any petitions. 10 Obligations conferred on committee by legislation:

No obligations were conferred to the committee. 11 Summary of outstanding issues relating to the department/entities

that the committee has been grappling with The following key issues are outstanding from the committee’s activities during the 4th Parliament:

• Eastern Cape health crisis – Committee to request a progress report explaining how the Eastern Cape Health Department is addressing the challenges the department is facing.

• Committee to participate in Pan African Parliament’s working group or sub-committee on health issues.

• Committee to receive reports on private health care costs issues based on the enquiry by the Competition Compensation.

• Committee to receive a report on progress made in addressing the issue regarding the deaths of initiates in Mpumalanga Province.



12 Recommendations

12.1 Governance • Ensure that concerns expressed by the previous Committee

emanating from briefings and oversight reports are addressed. • Ensure that the various health sector priorities raised in the

SONA (2009-2013) as these should be addressed by the new Committee.

12.2 Hospital revitalisation and service delivery • Continue to monitor challenges regarding hospital revitalisation

and infrastructure projects by requesting the Department to report on this matter on a quarterly basis.

12.3 Staffing issues and quality of care • The Committee to follow-up with the Department on revised

strategies regarding staffing and staff retention. 12.4 Strategies and general healthcare

• The Committee to ensure that the Department fast-track progress of the PHC re-engineering programme.

• Even though the country is making considerable progress towards many of the Millennium Development Goals (MDGs), the country will not achieve some goals by 2015, the Committee together with the Department should review and set new targets for goals that are not met and craft strategies to address challenges post 2015.

• It is estimated that the TB incidence rates on gold mines are probably the highest in the world. Therefore, the Committee should monitor the implementation of the Mine Health and Safety Act, 1996 (Act 29 of 1996) which aims to provide for the protection of the health and safety of employees and other persons at mines.

12.5 NHI progress • Committee to closely monitor spending on the NHI grant and

request the NHI pilot sites to report on a quarterly basis. • Committee needs to track progress on the publication of the

White Paper on NHI. 12.6 Issues pertaining to entities

• Ensure the submission of reports by the Department’s entities (concerns were raised on non-submission of reports by the CCOD).

12.7 Provincial health issues • The Committee to request a report from the Department

regarding the Eastern Cape health issues. • Committee to receive reports on all other provincial

departments, with emphasis on management and control over grants by provincial departments.

12.8 Collaborations • The Committee should consider joint briefings on cross-cutting

issues and on spending by provincial departments • Consider calling for public comments on strategic plans and

annual reports.



• Committee should ensure that partnerships between public and private sector are strengthened to improve health care delivery.

Annexure 1: Legislation



2011/12 National Health Amendment Bill

Section 76

The objectives of this piece of legislation were to establish of the office of health standard compliance, the board of the office and how the board will operate.

Completed

2012/13 Mental

Health Care Amendment Bill

Section 76

The objective of this legislation was to enable the Head of Department to delegate his/her powers to any official in the department that he/she may see fit.

Completed



Annexure 2: Oversight visits undertaken

(Details of the recommendations are in the reports)

Date Area Visited Objective Recom-menda-tions

Respon-ses to Recom-menda-tions

Follow-up Issues

Status of Report

12 – 13 August 2009

East London and Mthatha and East London. In Mthatha the delegation visited the following facilities: 1. Nelson

Mandela Hospital Complex

2. Mbekweni Health Centre and

3. Ntshele Clinic

In East London the following facilities were visited: 1. East

London Hospital Complex: Frere Hospital

2. Empilweni Gompo Health Centre

3. DDT Jabavu Clinic

The objective of the oversight was for the Committee to conduct its oversight function by assessing the quality of health service delivery, the state of and access to health facilities used by the people of the Eastern Cape.

Report adopted

6- 14 April 2010

Eastern Cape (Port Elizabeth) Free State (Bloemfontein) KwaZulu Natal (Durban) Gauteng (Johannesburg) North West

The objective of the trip was to assess the state of readiness for the host cities for the 2010 FIFA World Cup.

Report adopted





Follow-up Issues

Status of Report

(Rustenburg) and Limpopo (Polokwane)

21 May 2010

Charlotte Maxeke Hospital in Gauteng

The committee visited the hospital following the death of six infants in the neonatal ward in May 2010. The committee aimed to assess the situation and see whether there was a threat of the infection spreading to other hospitals and provinces. The committee also aimed to evaluate the strategies used by the hospital in handling the infection to prevent further spread.

Report adopted

28 March 2011

Cecilia Makiwane Hospital

An infection outbreak at Cecilia Makiwane Hospital, culminated in a reported 29 infant fatalities by the end of February 2011 and the committee conducted an oversight to assess the status of the hospital and to ensure that the infection does not spread to other facilities.

Report adopted

29 – 31 March 2011

The Committee visited the following

The purpose of the visit was to assess the quality of health

Report adopted





Follow-up Issues

Status of Report

facilities in Gauteng: 1. Chris Hani

Baragwa-nath Hospital

2. Leratong Hospital

3. Zola Health Centre

service delivery, the state of and access to health facilities in Gauteng Province. The Committee aimed to assess models used for service delivery, infection prevention and control mechanisms, primary healthcare and safety in public health facilities. The Committee also intended to assess strategies used by the public health facilities in trying to meet the Millennium Development Goals (MDGs) related to health.

10 – 12 August 2011

The committee visited the following facilities in Limpopo: 1. Mankweng

Hospital 2. Louis

Trichardt Hospital

3. Madombidza Clinic

The following objectives underpinned the purpose of the visit, which was to: 1. Assess

infection control strategies and the quality of health services;

2. Gain insights on the functioning of the tertiary, district and primary health

Report adopted





Follow-up Issues

Status of Report

services in the province;

3. Observe facilities for child-birth in line with the United Nations Millennium Development Goals (MDGs) 4 and 5. These Goals are to reduce infant mortality and maternal mortality respectively; and

4. Assess security in the above-mentioned public health facilities.

Although there are few or no reported cases of initiates’ deaths in Limpopo, the Committee wanted to get a briefing on how best the province executes its circumcision procedures.

15- 16 September 2011

The Committee visited the following facilities: 1. Bongani

Hospital 2. Kopano

MDR Unit

The purpose of the visit was to conduct oversight by assessing the quality of health service delivery, the state of and access to health

N/A





Follow-up Issues

Status of Report

3. Dr JS Moroka Hospital

facilities used by the people of the Free State. The oversight was conducted in preparation for the People’s Assembly.

18-22 June 2012

1. Rietvlei Hospital

2. Nessie Knight Hospital (Sulen-kama)

The purpose of the visit was to conduct oversight function by assessing the quality of health service delivery. The Committee also wanted to assess how public health facilities were spending their infrastructure grant.

29 July – 2 August 2013

The delegation visited the following public health facilities in the North West Province: 1. Job

Shimankana Tabane Hospital

2. Boitekong Community Health Centre

3. Moses Kotane Hospital

4. Pella Community Health Centre

5. Mafikeng Hospital

6. Lehurutshe Zeereust Hospital Complex

7. Klerksdorp/Tsepong Hospital Complex

The purpose of the visit was to assess health care delivery, with special emphasis on quality of health services, infection prevention and control, the referral system, functioning of the primary health care system, roll out of ARVs and drug availability, achievements and challenges with regard to the roll out of the National Health Insurance Pilot Project. The visit also aimed at gaining insight into the functioning and recruitment of retired nurses, how they are





Follow-up Issues

Status of Report

8. Tsepong MDR Hospital

9. Witrand Psychiatric Hospital

compensated and their scope of work.

16 – 17 September 2013

The Committee visited the following health facilities in the Mpumalanga Province: 1. KwaMhlang

a Hospital, 2. Verena

Community Health Centre

3. Ermelo Hospital

The purpose of the visit was to assess infection control strategies and the quality of health services, the referral system and the functioning of the primary health care system, roll out of ARVs and drug stock outs, achievements and challenges with the roll out of the National Health Insurance Pilot Project. The Committee also wanted to gain insight into the functioning and recruitment of retired nurses, how they are compensated





Follow-up Issues

Status of Report

and their scope of work. The Committee also wanted to assess revitalisation projects and their functionality as well get a report on the deaths of initiates.

Annexure 3: Study tours undertaken

The following study tours were undertaken:

Date Places Visited

Objective Lessons Learned Status of Report

23 – 27 January 2013

Bangkok in Thailand

The Committee decided on the study tour pre-empting the piloting of the NHI in various areas of South Africa, as well as health care services in general. The NHI will reshape South Africa’s health care system. Also, it decided on Thailand as a country which is perceived to have one of the good health care system. The learning therefore from the Thai government healthcare system will assist Members of Parliament

Most health facilities in Thailand are private and most health professionals do not fully understand what the National Health Insurance is.

Report adopted



Date Places Visited

Objective Lessons Learned Status of Report

(MPs) in their future oversight activities.

2- 9 December 2012

London in the UK

The key objectives of the study tour were to review and learn lessons from features of the NHS where current pending South African policy and legislation has drawn heavily on the UK experience, to understand better oversight functions as Parliamentarians monitoring the delivery of healthcare and to network and develop partnerships with other Parliamentary organisations based in the UK such as the Commonwealth Parliamentary Association.

The UK’s Ombudsman is independent and is appointed by the queen. The Ombudsman does not have an appeals process and their reports are final. Everyone has a right to come and complain to the ombudsman but not every complaint gets investigated. The Ombudsman is not responsible for monitoring norms and standards. The primary health care in the UK is called a practise which and is run by general practitioners.

3. The

hospitals in the UK are very clean and well maintained.

Report adopted



National Council of Provinces

1. LEGACY REPORT OF THE SELECT COMMITTEE ON

SECURITY AND CONSTITUTIONAL DEVELOPMENT

(June 2009 – March 2014)

1. INTRODUCTION 1.1 Constitutional Mandate of the Select Committee on

Security and Constitutional Development

The Select Committee on Security and Constitutional Development (“the Select Committee”) is a multi-party committee consisting of ten permanent members and five alternative members from all nine provinces. Mr Tjheta Mofokeng (Free State, MP) chairs the Committee. Members of the Select Committee also share membership with the Select Committees on Co-operative Governance and Traditional Affairs; and Petitions. Support staff includes the Committee Secretary, Committee Researcher, Committee Assistant and Content Adviser. The Select Committee oversees the Departments of Correctional Services, Safety and Security, Justice and Constitutional Development and Defence and Military Veterans, and their entities. It also interacts with civil society and stakeholders of the respective departments reporting to it. It derives its mandate from the Constitution, the Joint Rules of Parliament and the Rules of the National Council of Provinces (NCOP) and must exercise its oversight function over the above departments in accordance with the Rules of Parliament and the powers given to the National Council of Provinces and its Committees in terms of Chapter 4 of the Constitution. The Committee’s role and responsibilities are also informed by the broader strategic objectives and strategic priorities of the NCOP contained in the draft Strategic Framework Plan, which is aligned with the Medium Term Strategic Framework of Government. In addition Government’s priorities as spelt out in the State of the Nation Address also impacts on Committee priorities. The Committee also adopted its own strategic plan which has been aligned with the NCOP’s Strategic Framework Plan.



1.2 Broader Strategic and Operational Framework: 2009-2014

1.2.1 Strategic Objectives of the National Council of Provinces

• Promote provincial interests and adherence by the three

spheres of government to the principles of co-operative government and intergovernmental relations;

• Follow up on the implementation of government priorities as identified for the three spheres of Government;

• Enhance public participation programmes through educating the people, especially in rural villages, and creating forums for public consideration of issues affecting provinces; and

• Initiate and implement programmes aimed at assisting the vulnerable groups in society by ensuring that the NCOP contributes towards building a Parliament that is responsive to the needs of the electorate.

1.2.2 NCOP Strategic priorities applicable to the Mandate of the Select Committee on Security and Constitutional Development

Strategic Priority 2: Massive programme to build economic and social infrastructure Strategic Priority 4: Strengthen the skills and human resource base Strategic Priority 6: Intensify the fight against crime and corruption Strategic Priority 7: Build cohesive, caring and sustainable communities Strategic Priority 9: Sustainable Resource Management and use Strategic Priority 10: Building a developmental state including improvement of public services and strengthening democratic institutions

2. DEPARTMENTS AND ENTITIES OVER WHICH THE COMMITTEE EXERCISES OVERSIGHT

2.1 Department of Correctional Services (DCS)

The Department of Correctional Services works towards effective and humane incarceration of inmates, rehabilitation and social reintegration of offenders

ENTITY

Judicial Inspectorate for Correctional Services: The Judicial Inspectorate of prisons is an independent office under the control of the Inspecting Judge. The object of the Judicial Inspectorate is to facilitate the inspection of prisons in order that the Inspecting Judge may report on the treatment of prisoners in prisons and on conditions in prisons.



STAKEHOLDER

National Institute for Crime Prevention and Reintegration of Offenders (NICRO): NICRO offers innovative developmental and therapeutic programmes for offenders, their families and their victims and helps to build the capacity of communities and individuals to turn their backs on crime.

2.2 DEPARTMENT OF DEFENCE AND MILITARY VETERANS

South African Navy: The core business of the SA Navy is fighting at sea, and its aim is to provide prepared and supported maritime defence capabilities for the defence and protection of South Africa. South African Air Force: The core business of the SA South African Air Force is fighting in the air, and its aim is to provide prepared and supported air defence capabilities for the defence and protection of South Africa. South African Defence Force (Army): Department of Military Veterans: Responsible for the overall management and administration of military veterans affairs, including, but not limited to developing policy, legislation, programmes, benefits and services that facilitate the transition from active service to civilian life. Secretariat of Defence: Responsible for ensuring robust and healthy civil-military relations. It advises the Minister on all aspects relating to defence policy, programmes and budgets, performs the financial accounting function within the Department of Defence, and takes responsibility for interdepartmental and parliamentary liaison on behalf of the Department.

ENTITIES The Armaments Corporation of South Africa Ltd (Armscor): Armscor is classified as a Schedule 2 entity under the PFMA and is the officially -appointed acquisition organisation for the South African Department of Defence and with the approval of the SA Minister of Defence, also renders a professional acquisition service to other government departments and public entities. National Conventional Arms Control Committee (NCACC): The NCACC was established in terms of the National Conventional Arms Control Act 41 of 2002 to implement Government policy regarding trade in conventional arms which is in accordance with international law and the guiding principles and criteria; and is applicable to the control and regulation of trade in conventional arms. The NCACC must protect the economic and national security interests of the Republic by ensuring adequate control of trade in conventional arms in accordance with policy and control over trade in conventional arms. Castle Control Board: A public entity under the PFMA with the mandate of managing and protecting the Castle of Good Hope on



behalf of the DOD&MV and has the ultimate ownership responsibility for the Castle. Defence Force Service Commission: This Commission is responsible for making recommendations to the Minister concerning conditions of service of SANDF members.

2.3 DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT

National Prosecuting Authority provides a co-ordinated prosecuting service that protects certain witnesses and removes the profit from crime. (The Asset Forfeiture Unit is not a separate entity but a sub-programme of the NPA.)

ENTITIES Legal Aid Board provides independent and impartial legal aid to indigent people and legal representation at the states expense to eligible people in terms of the Constitution. It provides services in all district, regional and high courts. Special Investigating Unit was established in terms of the Special Investigating Unit and Special Tribunals Act (1996) and investigates cases referred to it by the President. It provides professional forensic investigating and litigation services to combat maladministration, corruption and fraud at national, provincial and local levels.

2.4 INSTITUTIONS SUPPORTING CONSTITUTIONAL DEMOCRACY (CHAPTER 9 INSTITUTIONS) – In terms of the Constitution Chapter 9 Institutions (including the South African Human Rights Commission, Office of the Public Protector and Commission for Gender Equality) are accountable to the National Assembly. In the future, the Committee should work towards ensuring the building of closer relationships with Chapter 9 institutions to ensure their involvement in the oversight activities of relevant departments accountable to the NCOP Committee.

FUNDS Guardians Fund is a statutory trust established in terms of Chapter V of the Administration of Estates Act 66 of 1965. It consists of all monies received by Masters of the High Court under the Administration of Estates Act or any money accepted in trust or any known or unknown person. The Fund is held under the management of the Masters of the High Court.

Third Party Funds - the Department of Justice and Constitutional Affairs acts as an agent for the receipt and payment of funds on behalf of other parties, typically the National Revenue Fund and other state departments. These funds include admission of guilt fines, bail, court fines, maintenance, and compensatory fines.



Presidents Fund provides funding for reparations flowing from the findings of the Truth and Reconciliation Commission. Represented Political Parties Fund provides funding for political parties participating in Parliament and the provincial legislatures. The Independent Electoral Commission (IEC) manages the fund; and funds are paid over to political parties in accordance with the number of their representatives in national and provincial government.

2.5 DEPARTMENT OF POLICE

The Department of Police serves to: prevent, combat and investigate crime, maintain public order, protect and secure inhabitants of South Africa and to uphold and enforce the law.

South African Police Service (SAPS)

The Directorate of Priority Crimes Investigations (DPCI) is currently a department under the Detective Branch of the SAPS. The Constitutional Court has ruled in Glenister v President of the Republic of South Africa and Others1 that Chapter 6A of the South African Police Service Act, dealing with the establishment of the Directorate for Priority Crime Investigation (which replaced the Scorpions), was unconstitutional. The Constitutional Court, in its judgment, found that the creation of ‘‘a separate crime fighting unit within the South African Police Service was not in itself unconstitutional’’ as the Constitution imposed an obligation on the State to establish and maintain a body with necessary independence or ‘adequate independence’ to combat corruption and organised crime, comprising operational, financial and structural independence. The Department of Police subsequently sought to give effect to the court’s judgment in the South African Police Service Amendment Bill [B7-2012], which was later enacted as the South African Police Service Amendment Act No 10 of 2012.

On 13 December 2013, however, the Western Cape High Court in Helen Suzman Foundation vs the President and others,2 declared the relevant sections relating to the DPCI in the South African Police Service Amendment Act No of 2012, to be unconstitutional. The court felt that these provisions did not give an ‘adequate degree of independence’ to the DPCI as set out by the Constitutional Court in the Glenister case. Although the court gave Parliament 12 months to remedy the legislation, the Constitutional Court must confirm the Western Cape High Court’s order of constitutional invalidity. In addition to filing an application for confirmation of the order, the Helen Suzman Foundation has launched an appeal for further declarations of invalidity in respect of provisions that were not dealt with in the High Court judgement. The State respondents have appealed the decision of the Western Cape High Court. In terms of directions

1 [2008] ZACC 19; 2009 (1) SA 287 (CC); 2009 (2) BCLR 136 (CC); CCT 48/10 [2011] ZACC 6; 2011 (3) SA 347 (CC). 2 23874/2012 (C). Available at http://hsf.org.za/projects/justice/litigation/saps-amendment-act-judgement/view. Accessed 17 March 2014.



issued by the Constitutional Court, the application for confirmation and the appeal will be heard on 15 May 2014. Any possible amendments to the Act will most likely have to be dealt with by the Fifth Parliament as the matter will most likely only be heard in May 2014 (or later).

ENTITIES Civilian Secretariat for the Police Services. The Civilian Secretariat's mandate includes: • providing the Minister with policy advice and research support; • developing departmental policy through qualitative and evidence-

based research; • providing civilian oversight of the Police Service through

monitoring and evaluating overall police performance; • mobilising role-players, stakeholders and partners outside the

department through engagements on crime prevention and other policing matters;

• and providing other support services to the Minister in pursuit of achieving his/her mandate. The Secretary for Police as Head of the Civilian Secretariat is accountable to both the Minister and Parliament.

Independent Police Investigative Directorate (IPID). The IPID’s mandate will investigate more serious and priority crimes committed by members of SAPS and the Metro Police, in particular, the discharge of a police firearm; rape by a police officer; rape while in police custody; torture or assault; and corruption and systemic corruption. The IPID also aims to improve reporting and accountability practises in the directorate; establish a formal liaison capacity between the IPID and the Civilian Secretariat of Police; and enforce compliance by SAPS of recommendations made in respect of SAPS members. Private Security Industry Regulatory Authority. The objective of PSIRA is to regulate the private security industry and to exercise effective control over the practice of the occupation of security service provider in the public and national interest, and the interest of the private security industry itself.

3. OBJECTIVES OF THE REPORT

The report aims to:

• Review the work of the Committee in P • respect of the Bills passed, over the period of review (June 2009 -

March 2014). • The report will be a useful tool for the Committee in re-establishing

its mandate during the fifth Parliament in 2014. • The report will enable the Committee to assist with its strategic

plan for the next five years. • Provide a record of the activity of the Committee and participation

by the Members during its term.



• The report will consider the Committee’s progress, performance and participation in the House.

4. OVERVIEW OF COMMITTEE WORK FROM 2009 – 2014

4.1 Number of meetings held by the Committee

The Committee held 112 meetings during the period 2009 – 2013.

Year Meetings held

Meetings cancelled or postponed

2009 16 4 2010 25 4 2011 23 0 2012 19 1 2013 29 2 2014 13 0

4.2 Bills and International Agreements adopted by the SC Security and Constitutional Development

The Committee processed and adopted the following Bills:

Table 1 No. Bill Date Adopted 1. Repeal of the Black Administration Act and

Amendment of Certain Laws Amendment Bill [B15-2009] (National Assembly – sec 75)

17 November 2009

2. Correctional Matters Amendment Bill (B41B-2010) (National Assembly – sec 75)

23 March 2010

3. Criminal Law (Forensic Procedure) Amendment Bill (B2B-2009) (National Assembly – sec 75)

17 August 2010

4. Defence Amendment Bill [B11B-2010] (National Assembly – sec 75)

10 November 2010

5. Magistrates’ Courts Amendment Bill [B23B-2010] (National Assembly – sec 75)

10 November 2010

6. Repeal of the Black Administration Act and Amendment of Certain Laws Amendment Bill [B37B-2010] (National Assembly – sec 75)

10 November 2010

7. Regulation of Interception of Communications and Provision of Communication-related Information Amendment Bill [B 38 – 2010] (National Assembly – sec 75)

17 November 2010

8. Civilian Secretariat for Police Service Bill [B16B-2010] (National Assembly – sec 76)

9 March 2011

9. Independent Police Investigative Directorate Bill 9 March 2011



[B15B-2010] (National Assembly – sec 76) 10. State Liability Amendment Bill [B 2B – 2011]

(National Assembly – sec 75) 22 June 2011

11. Military Veterans Bill [B 1B – 2011] (National Assembly – sec 75)

19 October 2011

12. Protection from Harassment Bill [B 1B – 2010] (National Assembly – sec 75)

19 October 2011

13. Military Ombud Bill [B 9B-11] (National Assembly – sec 75)

2 November 2011

14. Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Bill [B 19 – 2012] (National Assembly – sec 75)

5 June 2012

15. Implementation of the Geneva Conventions Bill [B 10B – 2011] (National Assembly – sec 75)

5 June 2012

16. Criminal Procedure Amendment Bill [B 39B – 2010] (National Assembly – sec 75)

9 June 2012

17. South African Police Service Amendment Bill [B 7B – 2012] (National Assembly – sec 75)

8 August 2012

18. Judicial Matters Amendment Bill [B 11B – 2012] (National Assembly – sec 75)

15 August 2012

19. Sheriffs Amendment Bill [B 2B – 2012] (National Assembly – sec 75)

31 October 2012

20. Protection of Personal Information Bill [B 9B – 2009] (National Assembly – sec 75)

28 November 2012

21. Repeal of the Black Administration Act and Amendment of Certain Laws Amendment Bill [B40-2012] (National Assembly – sec 75)

28 November 2012

22. Superior Courts Bill [B7B-2011] (National Assembly – sec 75)

19 March 2013

23. Prevention and Combating of Trafficking in Persons Bill [7B – 2010] (National Assembly – sec 75)

19 March 2013

24. Prevention and Combating of Torture of Persons Bill [B 21B- 2012] (National Assembly – sec 75)

20 May 2013

25. Criminal Procedure Amendment Bill [B 26B- 2012] (National Assembly – sec 75)

12 June 2013

26. Dangerous Weapons Bill [B 37B-2012] (National Assembly – sec 75)

12 June 2013

27. Protection of Personal Information Bill [B 9B- 2009] (National Assembly – sec 75)

11 June 2013

28. Criminal Law (Forensic Procedures) Amendment Bill [B 9B-2013] (National Assembly – Sec 75)

15 October 2013

29. Judicial Matters Amendment Bill [B7 D–2013 (S75)]

19 Novem. 2013

30. Judicial Matters Second Amendment Bill [B 51-13 (s75)]

19 Novem. 2013

31 South African Human Rights Commission Bill [B 5B – 2013 (s75)]

20 Novem. 2013

32 Judicial Matters Third Amendment Bill [B 53-13 (s76)]

4 March 2014



33 Private Security Industry Regulation Amendment Bill, [B27D-2012] (National Assembly – sec 75)

4 March 2014

34 Legal Practice Bill [B20D-2012 (National Assembly – Section 76)

5 March 2014

35 Determination of Remuneration of Office Bearers of Independent Constitutional Institutions Laws Amendment Bill [B31B-2013] (S75)

18 March 2014

36 State Attorney Amendment Bill [B 52B– 2013 (S76)]

25 March 2014

Table 2

No. Bill Reasons 1. Traditional Courts Bill [B1 – 2012] (NCOP –

sec 76] The Committee requested an extension beyond the six-week cycle as certain provinces required more time to conclude their public hearings on the Bill. The Committee again referred the Bill back to provinces to confirm the provincial positions on the Bill in October 2014. The Committee scheduled the Bill for conclusion in February 2014 but the NCOP did not reinstate the Bill in terms of NCOP Rule 238. The Bill therefore lapsed at the end of 2013.

During 2009, the Committee adopted one Bill after its referral from the NA, six in 2010, six in 2011, eight in 2012 and seven in 2013. The average time it took to process legislation, especially the section 76 pieces of legislation that required consultation with Provinces, especially the Traditional Courts Bill, took considerably longer. In total, the Committee processed 36 Bills during the period under review.



4.3 International Agreements

During the period under review the Committee dealt with 15 international agreements.

Date Agreement 1 13 October

2009 Protocol of Amendments to the International Hydrographic Organisation Convention

2 28 October 2009

Agreement between the Government of the Republic of South Africa and the Government of the Hong Kong Special Administrative Region of the People’s Republic of China concerning Mutual Legal Assistance in Criminal Matters, tabled in terms of section 231(2) of the Constitution, 1996,

3 28 October 2009

Agreement between the Government of the Republic of South Africa and the Government of the Hong Kong Special Administrative Region of the People’s Republic of China concerning Surrender of Fugitive Offenders, tabled in terms of section 231(2) of the Constitution, 1996,

4 26 May 2010 Proclamations made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities Act, 2004 (Act No. 33 of 2004),

5 10 November 2010

Amendments to the Convention on Prohibitions or Restrictions on the use of Certain Conventional Weapons which may be deemed to be excessively Injurious or to have Indiscriminate effects (CCW), tabled in terms of section 231(2) of the Constitution of the Republic of South Africa, 1996,

6 2 March 2011

Proclamations made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities Act, 2004 (Act No. 33 of 2004),

7 16 November 2011


8 20 June 2012 Extradition Treaty between the Government of the Republic of South Africa and the Islamic Republic of Iran, tabled in terms of section 231(2) of the Constitution, 1996,

9 20 June 2012 Agreement between the Government of the Republic of South Africa and the Islamic Republic of Iran concerning Mutual Legal Assistance in Criminal Matters, tabled in terms of section 231(2) of the Constitution, 1996,

10 28 November 2012


11 12 June 2013 Proclamations made in terms of section 25 of the



Protection of Constitutional Democracy Against Terrorist and Related Activities Act, 2004 (Act No. 33 of 2004),

12 31 July 2013 Extradition Treaty between the Republic of South Africa and the Republic of Korea,

13 31 July 2013 Mutual Legal Assistance between the Republic of South Africa and the Republic of Korea,

14 11 September 2013

United Nations International Covenant on Economic, Social and Cultural Rights, tabled in terms of Section 231(2) of the Constitution, 1996,

15 18 February 2014


4.4 Study Tours and Oversight Visits

4.4.1 Study Tours

In 2012 the Committee, together with the Petitions and Cooperative Governance and Traditional Affairs Select Committees undertook two joint international study tours – one to Germany and the other to Uganda. Study Tour to Uganda 29 June to 7 July 2012 Particular areas of interest that motivated the study tour to Uganda from 29 June to 7 July 2012, included interacting with: (a) Members of the Ugandan Parliament and legislative branch (observe Parliamentary and court processes); (b) the ministries overseeing the (i) police, (ii) prisons and (iii) Uganda Peoples Defense Force (Army, Marine Unit, Air Force), with the view to learn about possible solutions and systems which could be beneficial to the South African departments and the South African Parliament. However, to accommodate the diverse mandates of the Committees represented in the Joint Study tour, the programme did not allow for an opportunity for the delegation to visit prisons, courts and police stations. Meetings relevant to the Select Committee’s mandate were those with the Parliament of the Republic of Uganda (including observing a sitting of the Ugandan Parliament from the Distinguished Strangers Gallery with recognition and welcome extended by the Deputy Speaker and the House). The delegation also interacted with the Committees on Legal and Parliamentary Affairs (CLPA) and the Committee on Defence and Internal Affairs (CDIA). The delegation also met with the Buganda Kingdom, the Wakiso District Council, and the Foundation for Human Rights Initiative (FHRI).



Study Tour to Germany 24 to 28 September 2012 During the study tour to Germany from 24 to 28 September 2012 the Delegation also had an opportunity to observe the working of the Bundesrat (the German second chamber) which served as a model when the South African National Council of Provinces was conceptualised. Delegates also shared information with the various departments and their Parliamentary counterparts with the view to learning about possible solutions and systems, which could be beneficial to the South African departments and the South African Parliament. In particular, the Select Committee delegates benefitted from the discussion scheduled with the Federal Ministry of Interior regarding the German police, border control, co-operation with other federal ministries and agencies in security sector. The meeting with the Parliamentary Portfolio Committee on Justice of the Bundestag (the Assembly or first chamber) focussed on the mandate of committee and the criminal justice system. The delegation also met with the heads of the Federal Administrative Court Leipzig and engaged on the mandate and work of the court. They also met with the Federal Ministry of Justice.

4.5 Oversight visits Table 3 Date Department/Facility visited Province 17-20 August 2009

Northern Cape Oversight Northern Cape

25 February 2010

Meeting with the Magistrates Commission on the processing of reports on suspended magistrates

Pretoria

17-18 March 2010

Eastern Cape Oversight Eastern Cape

6 September 2011

Meeting with Western Cape Provincial Commissioner on the gang management strategy for the Western Cape and site visit of affected police stations

Western Cape

16 January 2013

Groenpunt Prison Free State

5. COMMITTEE ACHIEVEMENTS

• The manner in which the Members of the Committee worked together and assisted each other as there were no divisions in the Committee. The cooperation between the opposition and majority party Members in the Committee was good.

• The ability of the Committee to finalise all legislation referred to it within the year with the exception of the Traditional Courts Bill.

• The willingness of the Committee to convene meetings during oversight visits.



• The Bills processed by the Committee was never the subject of a legal challenge.

• The Committee worked well and dealt with the following pieces of legislation effectively:

• Magistrates Commission and reports. • the Protection of Personal Information (POPI) Bill. • the Police Bill and in the policing sector. • the Independent Police Investigative Directorate (IPID) Bill and

the Civilian Secretariat for Police Services (Secretariat) Bill. • Committee dealt with Lohatla land claims issue at army training

school and met with Defence and the Land Claims Commission in Kimberley.

• The committee maintained good relationships with other Committees in the NCOP and particularly with Petitions and COGTA.

• The chairpersons of the Committees collaborate, are flexible and are accountable.

• The knowledge of the Members of the Committee has been growing.

• The Portfolio Committee on Defence approved taking powers from the President and giving it to a Chapter nine institution. The NCOP picked this up and said it must remain in the Presidency.

• Departments are now able to account for their own actions and are now more prepared when they attend meetings.

• The majority of stakeholders were of the view that they thought the Members of the Committee were well- briefed and knew their topics and that they thought the questions posed by Members were well thought-through and relevant.

6. CHALLENGES FACED BY THE COMMITTEE

The following key challenges were identified: 6.1 Oversight visits to departments was a key area where Members felt

that they had not done enough and did not receive the opportunity to do more. Some Members also noted that they were limited in the area of study tours and only attended study tours to Uganda and Germany. Others noted that when this happens, all the Members should attend not only the Committee and Chief Whips. It was clear from the interviews that Members wanted more exposure to oversight and study tours.

6.2 Another challenge for Members of the Committee was the fact that

they correctly identified key problems in departments, but did not have the power to change things. One example mentioned by Members was the fact that the Committee did not get the opportunity of addressing the gender imbalance and suicides in the South African Police Service.



6.3 Another key challenge was the time available for Members of the Committee to focus on all the departments that they had oversight of equally. One of the departments that Members singled out was the Defence department and some felt that there should have been more visits to Air Force bases. Others lamented the lack of time available for Committee meetings, as they had to share their time with other Committees.

6.4 The continual change of the Parliamentary programme was a

problem that often disrupted the smooth flow of Committee programmes. Often this also affected planned oversight visits.

6.5 In addition, the fact that the Committee shares Members with two

other Committees, i.e. SC on Petitions and the SC on Cooperative Governance and Traditional Affairs, did not afford the Committee sufficient time to undertake oversight visits. The sharing of Members also affected the debating time that Members have in Committees because they were always rushing from one meeting to the next.

6.6 The Members also noted that staffing was an issue because the

Committee lacked legal advisers and that it was a serious challenge because they should understand complex legal matters that included in legislation. In addition, the Committee Secretary and the researcher had to do all the work before a Content Adviser joined the Committee in October 2012. This, according to some Members, made the work of the Committee easier.

6.7 Other Members raised the internal briefing sessions of the committee

as a challenge and wanted more time to deliberate as a Committee prior to meeting with departments. They noted that the Committee did not have enough time for its planning and preparation.

6.8 However, some Members were unhappy with the manner in which

the National Assembly Committees dealt with legislation and noted that the NCOP had been making more amendments to Bills in recent years

6.9 Taking Parliament to the People and Provincial Week were

challenges as it takes away from the oversight programme of the Committee and would often not form part of the Committee’s own programme for follow up visits.

6.10 There was never enough time for the Committee to reflect on its work

and follow up with Departments. Dealing with four Departments with the same staff compliment was a challenge because sometimes the amount of work was overwhelming.



6.11 The Committee has not really dealt with the Defence Department and there were two other Committees: the Joint Standing Committee and the Portfolio Committee on Defence whose mandates overlapped. The Security Committee has only dealt with proclamations on Defence and not budgets.

7. KEY OBSERVATIONS

The relationship between Members is very strong and there is collegiality and support for each other in the Committee, despite party affiliations. The Members of the Committee work in a team even when there is controversial legislation to be processed. The strength of the Committee is clearly in the relationships forged between the Members over the period of their term. The Committee is clear about its role and function and there is a clear reliance on the experience of Members when processing legislation. This is particularly concerning especially when the Members are required to deal with complex pieces of legislation and they require legal support. Most, if not all of the Members demonstrated a commitment to the vision of Parliament and work hard to give effect to it. The NCOP is really close to the Provinces and Members are attuned to the needs of the Provinces. The Taking Parliament to the People programme allows Members to work quite closely with people throughout the country. Some Members were not able to read all the documents for particular meetings, especially if there were many documents, briefs etc. However, this does not prevent them from interacting with the issues raised by the legislation. The relationship between Members and staff is collegial, supportive and professional.

8. GENERAL RECOMMENDATIONS

8.1 Knowledge and Training:

• The Committee must follow its Strategic Plan despite changes in the

Parliamentary programme. • All new Members need to attend the parliamentary induction

training, which should ideally include a session or module on legal drafting.

• Induction training should include training on Departmental Annual Performance Plans and Strategic Planning documents and how to process a bill from beginning to end.

• Knowledge of the Constitution: Members have to familiarize themselves with the provisions of the Constitution.



• Members also need to know what their oversight powers and responsibilities are in terms of the Constitution and other pieces of empowering legislation.

• Members must know the various legislative processes for sections 74, 75, and 76 Bills.

• Members need to be able to read budgets, as this is essential for a new Member. They should understand the Medium Term Expenditure Framework (MTEF) processes and financial processes.

• One Member indicated that it was important for Members to understand the matters that drive the Committees, which are the separation of powers, operational rules and external relations with stakeholders. More importantly, the Member must understand the communication strategy of Parliament and the Committee. In addition and more importantly, they should also understand the purpose, meaning and role of public participation and oversight.

• All Members should go for refresher training designed and offered by Parliament to deal with processing legislation.

8.2 Committee Operations:

• Reading documents was also a pre-requisite for being a successful Member.

• The Members of the Committee should prepare better for meetings by reading all the briefing documents prepared for the Committee.

• A Member noted that one of the key areas for improvement is the review of the strategic plan of the Committee and the synergy that is required in the results of its work. An example of the synergy that is required should be briefings on the National Criminal Asset Recovery Fund as well as the Guardian Fund.

• One Member noted that the Committee did not do a lot of work on financial and appropriation issues and stated that the staff of the Committee should brief the Committee on these matters.

• Other Members indicated that the quality of oversight would improve if the Chairperson can exercise his discretion and call Members for closed session briefings. Members felt that this would help tremendously to prepare for hearings with departments.

• Staff members were of the opinion that having committee preparation meetings to brief members on the documents was one way of addressing challenges. It would assist members with regard to the issues they need to deal with. Other proposals included a proposal for the Committee Secretary to be very strict with respect to changing programmes so that Members could do their oversight work.

• Members should also receive electronic devices that would enable members to receive documents. This would eliminate the distribution problems and members would have the documents with them in Committee meetings or on oversight visits.

• The Committee should consider dividing its time equally between the four departments it has oversight of. The Committee should plan and execute more oversight visits to Departments.



• The Committee should consider joint briefings with the portfolio committees when it comes to processing Bills and preparing for Annual Report and Budget hearings. The Committee should consider more joint oversight visits with other National Assembly committees.

• The Committee should consider its relationships with government departments and the public with a view to improving how these departments make presentations on Bills.

• The Committee should provide more time for its management meetings and should ideally have its own management meetings, apart from the joint management meetings held with the two other select committees.

• The Committee should consider planning additional weekly meetings processing legislation more often to deal with the time constraints it faces.

8.3 Oversight Recommendations:

• SAPS – follow up on DPCI legislation following confirmation of constitutional invalidity of certain sections of South African Police Service Act No 10 of 2012.

• More oversight work should be conducted with government departments in order to monitor the implementation of key legislation.

• Conduct budget hearings on Defence Force and oversight. • Follow up on progress on Defence Review. • Review Correctional Services and conduct oversight. • Committee should host hearings on Gang Strategy of Correctional

Services. • Conduct oversight visits to magistrate’s courts. • Review legislative framework for Magistrates Commission and

specifically disciplinary processes of magistrates to ensure the effective management of the sector.

• Conduct oversight of child justice centres. • The Committee should work towards ensuring the building of closer

relationships with Chapter 9 institutions to ensure their involvement in the oversight activities of relevant departments accountable to the NCOP Committee.

Documents

OF THE REPUBLIC OF SOUTH AFRICA - · PDF filebased on the provisions of the Constitution of the Republic of South Africa, ... respect of provincial state-of-school readiness, ... and