Tr a in ing M anua l fo r M on i t o r s

P a r l i a m e n t a r y M o n i t o r i n g G r o u p

© Parliamentary Monitoring Group

2013

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C o n t e n t s

1 I N T R O D U C T I O N 5

2 M O N I T O R I N G 6

Equipping monitors for meetings 5

Legislation 5 Committee list 5 Nametags and business cards 6 Stationery 6 Mp3 recorder 6

Getting into Parliament 7

Entering Parliament 7 Punctuality 7 Forgotten your meeting venue / change in venue 7 The Committee 7

What to leave the meeting with 8

Correct spelling 8 Documents 8 Making contact with the presenters 9 Monitoring Procedure Diagram 10 Map of Parliament 11

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PMG Style Sheet 12

Layout 12 Sample Report 13 Do’s and Don’ts 14 Naming your report 16 Substantive or technical amendments 16 How to deal with controversy and emotionalism 16 The Summary 15 List of file names 17

4 T Y P E S O F M E E T I N G S 1 8

Briefings 18

Hearings 18

Response to Submissions by Department 18

Deliberations 19

Voting 19

Consideration of NCOP proposed amendments to the Bill 19

Other Types Of Meetings 20

Exercising of oversight function 20 Budgets 20 Appointment processes 21 Consideration of International Treaties/Conventions and Protocols 21 Visits by Foreign Delegations 22 Committee Planning and Process 22 NCOP Committees: Negotiating Mandates 22 NCOP Committees: Final mandates 22

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5 R E A D I N G B I L L S 2 3

6 P A S S I N G B I L L S 2 4

Bills not affecting the provinces 24

Bills affecting the provinces 25

7 G O V E R N M E N T I N S H O R T 2 6

Historical Context 26

The Constitution 26

The Three Spheres / Levels Of Government 26

Separation of Power in Government 26

The Difference Between Policy And Law 26

The Executive Branch 27

Green and White Papers 27

The Legislative Branch 20

Parliament 28 The National Assembly 288 The National Council of Provinces 28 Parliamentary Committees 28 The four types of Parliamentary Committees 29 Key Players in Parliament 29 Public Access to Parliament 29 The Types of Bills that can be Introduced in Parliament 30 Amending the Constitution 30 Submitting Bills in Parliament 30 Passing a Bill into Law 30

The Judicial Branch 30

Provincial Government Structures Error! Bookmark not defined.

Executive 31 Legislative 31

Local Government Structures 31

Historical Background 31 The Objectives of Local Government 31

State Institutions Supporting Democracy 32

How these Institutions are created Error! Bookmark not defined. What they are and what they do Other Acts of Parliament that created structures and mechanisms for protection of rights 32

8 F A Q S 3 3

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PMG has been monitoring Parliamentary Committee meetings since 1995. It was established as a joint project of the human rights organisations, IDASA and the Black Sash. PMG became a fully fledged independent NGO in July 2009. Parliament keeps a record of all its plenary sessions by means of the Hansard, a verbatim transcript of the proceedings. Parliament has not set up such a system to record its Committee meetings and this, together with the fact that there are so many Committees, makes it extremely difficult for organisations to keep up with developments. Some Committee Secretaries do take short minutes sometimes, which tend to be available a long time after meetings, but this system is neither comprehensive nor reliable. The PMG website (www.pmg.org.za) was set up in 1998 to disseminate the reports written by our parliamentary monitors and supporting documentation from Parliamentary Committees to a wide audience, which includes the general public, government institutions and even MPs. All commercial organisations, government departments and the media must pay a subscription fee to access the 15 closed committees. Subscription by these entities helps to subsidise civil society's access to PMG for whom the service is free. The lack of an accessible record of the work of the Parliamentary Committees is a shortcoming in the our parliamentary democracy as it affects the accountability of Members of Parliament, detracts from the efficiency of Committees and makes public interventions more difficult. Interest groups need to be able to follow the workings of parliamentary committees and an accessible internet site is one of the most effective ways of achieving this.

Working at PMG

The key activities of PMG are attending Committee meetings, writing up reports of the proceedings and providing electronic copies of all Committee documents. Over 45 Committees of the National Assembly and the National Council of Provinces are covered. The PMG website attracts a large audience so your accurate record of the complete proceedings of a meeting is very important. Also be aware that when surveyed, users indicated that they are as equally interested in getting the documents handed out at a committee meeting as they are in reading your report – so document retrieval is also important. *Busiest Committee days are Tuesdays and Wednesdays, with only a few meetings usually taking place on Thursday afternoons and Fridays mornings. Monitors are allocated to different Committees and asked to write a report on the meeting as well as assist in obtaining any paper documents that were handed out (and any electronic versions available). Most Committee meetings start at 09 am, some at 10 am, and a few at 2 pm. * Any documents handed out in the meeting will be linked to your report and will be made available simultaneously on the website. The monitor in the meeting makes initial contact with the presenter or author of the document and PMG’s Document Officer follows this up to obtain the document electronically. If this method fails, we are left to scan the document which is time-consuming and of poor quality.

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The work of monitors is to produce objective, accurate reports. Skills needed include good listening and fast writing skills and a positive attitude. You will need to submit reports within 24 to 36 hours.

By now you will have understood that the monitor’s role is vital. You attend the meetings; write the reports and obtain the important documentation. The PMG website is widely used by all sectors in South Africa - in October 2012 the site received 800, 528 hits from 51, 657 unique visitors. We cannot over-emphasise the need for high quality and accurate reports. These reports need to be objective; there is no analysis required and no opinion should be expressed. Monitoring is an extremely demanding job integrating subject awareness, writing skills, listening skills and decision-making in terms of what to include in the report. If necessary, you will have the opportunity to talk to Members of Parliament and government officials in order to confirm the accuracy of your notes.

Equipping monitors for meetings

Attire Casual dress is fine, as long as monitors are always neatly dressed. Blue jeans and running shoes are not ideal, but a jacket and tie is also not required. Try to respect the dignity of Parliament at all times. Please always bring along a memory stick and your ID.

Legislation / Briefing documents If legislation will be discussed during your meeting, please ensure you take along the latest version of the Bill (draft Act) being processed. This will be waiting for you on the table next to the PMG Document Officer (and any other relevant briefing documentation). If you have time at the PMG office to read over previous reports dealing with the same agenda item on the PMG website, please do so. Committee list The Committee list, found in the pigeonholes, contains the names of all Members of the Committee as well as the political party to which they belong. This list is a vital tool as it enables monitors to correctly identify those Members who make contributions during the meeting. Please alert the Document Officer or Co-ordinator if changes need to be made to any list. Forms and memory stick The document form is used to capture all the details about the document presented, the name, contact details and business card of the presenter (see Appendix for an example). This information allows PMG to follow-up and secure an electronic copy of the document from the presenter. Presenters generally use their laptops to deliver the presentation, and are often prepared to copy their presentation onto your memory stick. You will also be taking in a blank Delegates List with you for any visiting presenters to fill in. Please do not disturb the meeting when circulating this, and try to gain permission from the most senior presenter at a convenient time. Sometimes presenters are annoyed that they have to complete two delegation lists (Parliament’s and PMG’s) - so monitors should try requesting their business cards instead and enter their details on the form.

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Nametag and business cards The PMG nametag allows monitors to be identified by Members of the Committee, the Committee Secretary and other persons present at the meeting. The business card contains all the PMG contact details. These should be handed out to presenters when requesting electronic copies of the documents presented, in exchange for the presenter’s business card. Please also feel free to distribute PMG business cards to other observers of the meeting. Stationery Be sure to take enough writing paper and two pens from the office before leaving for a meeting. An intray is provided for the convenient return of these items, and name tag. As we go through stationery quickly, we would appreciate you using your own stationery if at all possible. You need to have your own memory stick. Let us know if you do not own one yet. Venue details Always make sure you have the correct venue details for your meeting. The security guards and receptionists in the Visitors’ Centre and Public Relations Office will direct you to your venue if you are unsure where it is. Please call the office if your venue has changed. Cellphones Please remember that all mobile phones have to be TURNED OFF before entering the meeting. However, we strongly recommend that you set your phone to silent or vibrate mode, to enable us to maintain contact with you during the meeting.

MP3 player

PMG gives you an MP3 to record the meeting. This is placed on our website immediately after the meeting. You also take it home on your memory stick to supplement your notes. If you have you own MP3 player or other recording device, we encourage you to use this as a backup. Getting Started Long Press the PLAY button in order to turn on the player. Long Press MENU to enter the submenu & to get to Recording Mode. Whilst in the sub menu, go to the top right hand button and select the RPL option. Short Press PLAY to confirm. Long Press REC/VOL (found at the top of the Mp3 player) to record. [The display will go blank for a second and when it re-appears the recording counter will start] Short Press MENU button to save the recording. Do’s and Don’ts

If MP3s confuse you, don’t worry, we can start the recording at the PMG office and end the recording on your return. Thereafter we will edit out the unnecessary parts.

Consult the Sound Guide at the PMG office to learn how to get the best sound for each venue. You may also consult the PMG Coordinator and even the Committee Secretary if you are still uncertain where to place the recorder.

Always make sure that the batteries are fully charged before you go into the meeting Preferably record just as the meeting begins and stop recording as the meeting ends. Place the MP3 right in front of the nearest speaker unit as this will yield the best

recording quality. Should the venue have no operational audio facilities, place the MP3 player as close to the presenter as possible.

If there is a long break in the meeting, save the recording and start with a fresh recording once the meeting recommences (avoid the Pause button).

Try not to shuffle papers or move the player around during the recording process. Always try and monitor the counter every half hour to ensure it is still recording Tip: To get to Recording mode, be sure to Long Press MENU (NOT short press) as

this will bring up the repeat option, and you will have to start from scratch again.

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To save recording to the PMG server: Hand over the MP3 player to the Document Officer to save the recording. If she is not at her desk, ask the other PMG staff to help you.

Getting into Parliament

You now have everything you need to attend a parliamentary committee meeting, all you now have to do is get there. Be prepared for the following: Entering Parliament In addition to the Visitors Centre, through which you will enter, each of the buildings has its own security checkpoint (see Appendix), and you would have to remove your cellphone, keys or other metal objects before passing through the metal detector. At the Visitors Centre, you would have to provide identification and fill in a register. Please be sure to carry your ID book or passport at all times in Parliament. Punctuality Monitors should try to arrive at the venue as early as possible so that they can familiarise themselves with the Committee Secretary, presenters and obtain hard copies of any presentations. This is also an ideal time to become acquainted with Committee Members. We strongly advise Monitors to be at the PMG offices 30 minutes before the meeting is due to start. Be aware that it does take some time to get through security. Forgotten your meeting venue / change in venue Should you forget your venue, or if the venue has changed without notice, please contact PMG immediately (021 465 8885 or send an SMS or a PLZ CALL ME to 076 7965004) for the new venue or confirmation of the cancellation of the meeting, before returning the office. Alternatively, you could ask a member of the parliamentary staff to direct you to the Public Relations Office in Room V10, located on the ground floor of the Old Assembly entrance (see Appendix), where you would be able to find out the venue or new venue of your meeting. You could also ask the security officers at the checkpoint for the correct venue. The Committee There are a number of things you will notice when you first arrive at the venue. The Chairperson is easily distinguishable as he/she is usually the Member who opens the meeting, introduces the speakers and presenters and also sits at the podium for the meeting. Other Members will refer to that person as “the Chair”. The ANC Members usually choose to sit clustered together on one side of the table. There are often one or two strong Members who will speak on behalf of the ANC. The other parties will only be represented by one or two Members, often on the other side of the table.

ANC majority The ANC occupies 264 seats in Parliament, which is why it is represented by the greatest number of Members in Committee meetings. Other political parties The other political parties represented in Parliament are: - Democratic Alliance (DA) 67 seats - Congress of the People (COPE) 30 seats - Inkatha Freedom Party (IFP) 18 seats - African Christian Democratic Party (ACDP) 3 seats - Pan Africanist Congress of Azania (PAC) 1 seat - United Democratic Movement (UDM) 4 seats - United Christian Democratic Party (UCDP) 2 seats - Freedom Front Plus (FF Plus) 4 seats - Azanian People’s Organisation (AZAPO) 1 seat - Independent Democrats (ID) 4 seats - Minority Front (MF) 1 seat - African Peoples Convention (APC) 1 seat

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All Members will be seated at the table. PMG monitors and other observers usually sit on chairs placed around the edges of the room. Only sit at the main table if the Chairperson specifically requests it or if there are no other chairs available. NB If you do not have a microphone at your chair, position the MP3 close to any speaker to get a clear recording. Role of the Chairperson The Chairperson is the elected leader of the Committee, and s/he controls the meeting proceedings. In nearly all Committees, the Chairperson is a Member of the ruling party (the Standing Committee on Public Accounts is usually an exception). The Chairperson is normally seated at the head of the table, and anyone wishing to make any contribution must first be acknowledged by the Chairperson. Please note that only Members, presenters and those invited to contribute by the Chair may do so. Committee Secretary The Committee Secretary (or Clerk) is not a Member of Parliament but is part of the parliamentary staff component, and will be seated next to the Chairperson at the head of the table. The Clerk’s responsibility is to ensure all proper arrangements are made for the meeting, and that the relevant documents are made available. It is for the last reason that monitors have to develop a good relationship with the Clerk, as s/he is the gatekeeper to all documents and is a useful source of information. Please be polite to the clerks at all times, and report back to the Coordinator if a clerk has been particularly rude or unhelpful.

What to leave the meeting with

The Chairperson has now adjourned the meeting, and you are ready to return to the office. Be sure to have ALL of the following before leaving the venue: Correct spelling Your aim is to ensure CORRECTLY spelt FIRST NAME & SURNAME and FULL job designation of all presenters appear in your report: e.g. Chief Director or DDG of what? Ms Nomfundo Maseti, Chief Director: Consumer and Corporate Regulation Division, spoke The Clerk might be able to provide the names of government officials or other presenters but, if this is not possible, do not be afraid to politely approach those persons themselves for clarity. Possibly the best method is to hand out the Delegates List to obtain accurate info on all officials in the delegation and include this in your report. The Committee list referred to above will probably clarify the names of Members of the Committee, but those speakers whose names can still not be identified have to be clarified with the Clerk. Make sure to include the political party of Members and the full job title of government officials and presenters. * A useful tip in getting the names of Members or presenters: Use a brief description of the individual to refer to him/her while writing (such as “green jacket” or “spectacles and moustache”) and then abbreviate it to “GJ” or “SM” for ease of reference. Then use this reference to point the person out to the Clerk, or approach that person after the meeting or during a tea break.

It is crucial to obtain the contact details of speakers who presented documents at the meeting, as PMG will need to contact them to obtain an electronic version of their documents if you could not secure an electronic copy at the meeting. Make sure there is no virus on your memory stick!

When attending a Media Briefing – which is a press briefing at which Ministers or Deputy Ministers present progress reports on their departments’ implementation of government’s programme of action – please list all the Ministers / Deputy Ministers in attendance.

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Documents PMG relies on monitors returning from parliamentary meetings to bring back a copy of all documents that were distributed or referred to in the course of the meeting. You may request documents from the presenters directly (this is the preferred option) or the clerk. If a document was discussed that was already in the possession of Committee Members and not distributed or if there were insufficient copies, ask the clerk if you may follow them back to their office after the meeting to fetch a paper copy.

All monitors are strongly encouraged to approach presenters at the meeting and secure electronic copies of documents using your memory stick. This helps greatly.

Making contact with the presenters It is important to make contact with the presenters, not only for the purpose of obtaining electronic copies of documents, but also to forge a mutually-beneficial working relationship, especially if you will be monitoring a specific Committee for some time. Introduce yourself as a representative from PMG, present the PMG business card and respectfully request that an electronic copy either be copied on your memory stick or e-mailed to PMG. Should the person not be able to copy it to the memory stick, refer the person to the Document Officer’s e-mail address on the PMG business card, and request that it be emailed at the earliest convenience. Thank the person for his/her co-operation and ask for his/her business card. This would enable the PMG document officer to track the document further.

Back at the office

Debriefing

All monitors need to report to the Document Officer and indicate if paper documents were handed out and whether electronic copies were secured. If the Committee suddenly plans to continue the meeting after lunch or there are to be extraordinary sittings of the Committee or important process decisions were taken, please check that PMG is aware of these. It would be ideal if you could alert the Coordinator (via a Please Call Me or SMS) immediately about changes for that day (cancellation of afternoon meeting / continuation into afternoon). Document form and documentation

Hard copies of the documents handed out at the meeting must be labelled correctly and listed on the PMG document form. Please always ask the Document Officer for assistance if you are unsure of how to label a document correctly. Note that the original documents must be left at the office. You can make photocopies of the original material if you need these to write your report. (Or better still, ask PMG staff to scan the documents and you take home the paper copy - this reduces our costs and saves paper!). Hand in the completed document form to the Document Officer, and remember to make a photocopy of the Document Form & Delegates List for yourself. If a meeting (or part of it) has been cancelled or closed to the public for any reason, please make a note of that in the section allocated for doing so on the document form. Monitors should also indicate in the appropriate column if they were denied a document because it was confidential and not for public consumption. *Note: We never publish draft committee reports so you do not need to acquire these. Return Documentation and Bills

Any Bills and Documentation taken to the meeting should be returned to the Document Officer unless you need them to write up your report.

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Map of Parliament

Visitors Centre

120 Plein St

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Types of Meetings There are approximately five types of meetings in Parliament: BRIEFINGS followed by questions and answers HEARINGS followed by questions and answers Summary of SUBMISSIONS and response by department DELIBERATIONS VOTING

Before leaving the meeting be very clear about the outcomes/decisions of the meeting. Particularly with voting: Was the Bill passed? Were there amendments? Which parties abstained, voted for or against the Bill? You can always ask the committee clerk. Warning: Some MPs speak in a long-winded fashion. You are free to cut out the excess and get to the nitty-gritty of what they are saying but no need to wander excessively from their turn-of-phrase if it is clear and succinct. We have got into trouble once or twice for paraphrasing too much and thus giving what they were saying a different interpretation.

PMG Style Sheet Layout A report always begins by identifying the following:

1. The Committee: Justice Portfolio Committee 2. The date: 8 February 2011 3. Topic under discussion and the type of meeting:

Child Justice Bill: deliberations

4. The chairperson: Acting Chairperson: Mr M Ngubeni (ANC)

5. Documents handed out.

6. A short summary of the minute, before the actual minute begins.

Font Please use Arial, font size 10, single spacing

Alignment left (not Justified), Margins at 2cm, and save as RTF format. HINT: Create a template, and then use this each time, simply using a "Save As" instruction to save a separate doc in the template form.

On the following page is an example of the layout of a PMG report. Take particular note of when headings are written in bold and/or italics and what is upper case.

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[Extract from a Meeting Report illustrating Format] Public Works Portfolio Committee 26 March 20…… Expropriation Bill: briefing by Department of Public Works Chairperson: Ms T Tobias (ANC) Documents handed out: Understanding of the new Expropriation Bill: A guide to the Bill Expropriation Draft Bill Summary The Minister of Public Works briefed the Committee on the Expropriation Draft Bill. The Committee was directed not to engage in heavy discussion as it still had not been formally introduced into Parliament. The Committee asked questions about compensation, ministerial guidelines, unregistered rights and the proposed Advisory Board. The deadline for public submissions would be 14 April and the hearings would be held on 7 and 8 May. Minutes The Minister of Public Works, Ms Thoko Didiza, presented the Bill to the Committee, accompanied by a large delegation from the Ministry, the Department as well as representatives from other affected departments. The State Law Advisers and the Parliamentary Law Advisers were also in attendance. The Minister began with a brief background to this Bill (see document). Minister Didiza continued with a breakdown of the structure of the Bill and provided insight into the specific provisions of the Bill. The briefing shed light on the powers of the Minister, an investigation before an expropriation and the process once a decision to expropriate was taken. The Bill detailed the process of expropriation from the publication and service of a notice up until the payment of compensation where appropriate, to the parties affected. Discussion Ms N November (DA) referred to the withdrawal of compensation by the Minister and asked if there were guidelines to assist the Minister. Minister Didiza replied that there would be guidelines for the Minister. The overarching guideline was that the expropriation must be in the public interest and for public purposes. Ms C Ramotsamai (ANC) asked what the need for the Bill was and how different was it from other pieces of legislation dealing with land. She asked what unregistered rights were. Minister Didiza replied that expropriation legislation was inconsistent with current legislation. Section 25 of the Constitution provided for the right to own property as well as for expropriation for a public purpose or in the public interest. Minister Didiza said that there were those who had registered rights for land ownership and then there were those persons who had lived on pieces of land their whole lives where such land was not registered in their names. For the period 1994-1999 attempts had been made for the informal protection of informal land rights. Specific attempts were made to protect persons’ rights who had lived on farms for most of their lives. The Bill provided for persons who had unregistered rights to be compensated for the loss of those rights. Mr Radebe asked what the purpose of the Advisory Board was and why the Department of Public Works needed the assistance of the board. The Minister replied that there was merit in having the Advisory Board. The Minister would be advised by the Department and the Advisory Board.

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Do’s and Don’ts

1. IMPORTANT: Always use reported speech rather than direct speech: Mr Maharaj responds: I do not agree = Mr Maharaj responded that he did not agree USE PAST TENSE All the verbs go back one tense into the past: is => was are => were do => did need => needed will => would has => had can => could think => thought make => made shall=> should seek =>sought

2. Give each speaker his own paragraph and begin each paragraph with the name of the speaker. BUT DO NOT introduce the speaker at the beginning of each sentence within that paragraph as it is assumed he is speaking:

Mr M Mzondeki (ANC) said that the Department of Labour had presented a good picture. He noted that their challenges had been openly admitted. He added that their decision about scarce skills had been correct. He asserted that they must pursue this policy aggressively. He said that he was pleased they had learnt from their mistakes. The reason is that it makes the report too wordy.

3. Identify all visitors by FIRST NAME & SURNAME & FULL JOB TITLE but

MPs only by first initial, surname and party in brackets for the first time, e.g. Ms L Sisulu (ANC), thereafter refer to them by Mr/Ms and surname only, as in Ms Sisulu. NCOP MPs also have their province indicated: Mr L Mushwana (ANC, Northern Province). No full stops: Mr / Ms and not Mr. / Ms. And use only Ms not Mrs

4. If there is a string of questions from an MP, turn some into direct questions e.g. Was

the youth directorate going to be any more successful? [to avoid wordiness]

5. Try very hard to identify speakers especially if they say something controversial. However, if you do not know the name of a member, try to identify them by their party, example, “An ANC Committee Member…” If you cannot put a name to Committee Members who ask the questions / make comments, you could state: The following questions were raised: and then list the questions OR Some important points that emerged were: and then list the comments

6. Please use Plain English writing as much as possible: He concurred = agreed

7. Please keep it simple and avoid academic speak. Avoid using these deleted phrases:

Responded by saying = replied that Wanted to know = asked

It is OK to repeat “asked if” during the discussion and to repeat: “replied that”. Show the “to and fro” of the discussion by using 'He replied' rather than 'He said'.

Avoid over-using: in regards to / regarding / in terms of / in relation to

8. Write numbers up to 10 in words (one, three, ten), 18 to 999 000 in figures (please use the space instead of a comma to separate thousands) and then 1 million, 2.3 trillion (note decimal stop, not comma), R5.4 billion (note no space between R and figure, do not use “5 billion rands)

9. Page numbers should not be referred to when referring to a particular passage in a Bill or document (as internet documents do not show page numbering), instead refer to the relevant sub-heading or clause.

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10. Write out words in full, e.g. “did not” instead of “didn’t”. (except if it is a direct quote in inverted commas)

11. Abbreviations and Acronyms must always be written out in full, when mentioned for

the first time. e.g. Sector Education and Training Authority (SETA), thereafter you may just use the acronym. Avoid confusing SETA with SITA (State Information Technology Agency). Avoid using acronyms in the summary.

12. Type out the names of all documents handed out at the meeting, as well as the name

of the Bill and its number [B43-01] under the heading “Documents handed out”. Documents that were not handed out at the meeting, but which you feel to be relevant, eg the actual Annual Report under discussion, or the research report, or Committee Programme handed out at a previous meeting, can be included under the additional heading of “Relevant documents”.

13. Be extremely accurate about facts, figures and statistics.

If you are unsure, double check with the speaker at the end of the meeting / otherwise highlight what you are unsure of in your report (this helps the editors).

14. Establish the correct spelling of names. It is important to spell correctly both the names of speakers as well as their designation. The Committee clerk should have this information.

15. Use full sentences.

Example: “Investigation unit set up to follow up these complaints.” Do you mean it was set up already? Or it will be set up in the future?

16. Use subheadings for different agenda items. Break up the report with sub-headings for easier reading: eg Discussion on each clause should have its own sub-heading / Input by each province can be sub-headed

17. Identify the author of any report: eg Is it a Committee Report or Department Report?

18. Use capital letters for: Parliament, Bill, Act (of law), the Constitution, Constitutional

Court, the Chairperson, the Committee (that is holding the meeting), the Department (where it refers to the Department presenting), the Minister, the Director General (or other titles) but NOT these: province, parliamentary, constitutional, departmental, ministerial.

19. There might be opening or closing announcements by the Chairperson, note these

down if they might appear relevant (especially plans about public hearings).

20. Please go over the published, edited version of your report – to pick up what was changed in your report so that you do not repeat the same errors in your next report.

The Summary – DO ONE!!!!! Do you know most people have time only to read your summary? If pertinent/controversial points are there – only then will they read your full report. We suggest: Once you have completed your report, THEN write the summary of important points of the presentation AND MPs’ questions that were relevant/important. Communicate the accomplishments of the meeting + emotional temperature of the meeting. If you have attended deliberations on a Bill, your summary would note only the main points of discussion, as deliberations do not include presentations.

Be very clear about decisions taken. With respect to voting; was it unanimous, who voted for, against and who abstained? Was a Bill passed as is or was it passed with amendments?

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In the summary: Name the institution not the presenter’s name: The Department gave a briefing on…….. Avoid acronyms in the summary. It is important if the Minister / Deputy Minister was present (even for a short time) – mention this in the Summary and also in the Agenda line. Presentation If the accompanying document provides the information clearly, no need to repeat all the data again. Do a paragraph on the Headings of the presentation and super achievements and all challenges only (not functions, objectives, mandates, missions, visions etc). Only state things if the presentation is too abbreviated to make sense. If you want to put all the detail of the presentation into the report, I would suggest cutting and pasting exactly how it appears in the document using bullets or numbering so that it makes for less stodgy reading. Try non-automatic dashes or bullets for long lists of items mentioned by presenter - for easier read for the user. What to do when a presenter answers several MPs’ questions in one block response? Often, at least 5 MPs ask questions before the presenter will respond to these all at one time. If you are a “top” writer and are able to match easily the answer to the question, then do so. However, if it is difficult to match a particular response to a question or the speaker goes off the point (which happens a lot), PMG believes it is better to leave this as one single response. How to deal with controversy and emotionalism It is important to capture the "emotional temperature" of the meeting but do it as non-sensationally and insightfully as possible (double check with the Coordinator if you are not sure). A good place to note that the meeting became heated is in the Summary. If an MP or presenter says something controversial, you can include it, as is, between quotation marks. Any reasons for a meeting being adjourned (for bi-lateral party discussion/ party caucusing/ discussion with experts etc) or closed to the public should also be noted. Example: Mr A Watson (DA) strongly denied that this was the reasoning behind the objections of the Democratic Alliance. Accuracy and Detail Monitors must ensure that their work is accurate and that Members of Parliament and senior government officials are not misquoted. In addition, it is not acceptable to simply leave out information- we expect a thorough and comprehensive report! PMGs reputation is at stake if reports are inaccurate and incomplete. Legislation Amendments to Bills - Substantive or Technical Technical amendments will be minor changes to a word or phrase in order to improve readability or correct grammatical errors. Or there may be consequential amendments to the numbering of clauses or other structural changes. Please note that they occurred, but there is no need to detail them in full. Substantive amendments impact on the actual substance, content, scope and impact of the Bill. Note who is proposing the substantive amendments and what the Department's response is to those proposed amendments. If they already appear in a written document, no need to write these all down, merely state: (see attached document for proposed amendments). Naming your report Name your report in the following way: first the date (yymmdd) followed by the name of the committee and your first name in brackets. Example: 110126pcdefence(john). To identify the name of the committee, consult the list on page 17. Save your file as a .rtf (rich text format) file rather than a .doc (word document format). If you are typing up your report at the PMG offices, ask the PMG staff to save it first before you begin writing. Inform the Coordinator when you have completed your report

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[List of File Names for each parliamentary committee] Within the MINUTES folder, on the PMG server, the following sub-folders appear: pcagric: Portfolio Committee on Agriculture, Forestry and Fisheries pcarts: Portfolio Committee on Arts & Culture pccom: Portfolio Committee on Communications pccorrect: Portfolio Committee on Correctional Services pcdefence: Portfolio Committee on Defence pcebasic: Portfolio Committee on Basic Education pcenergy: Portfolio Committee on Energy pcfinance: Portfolio Committee on Finance pcint: Portfolio Committee on International Relations and Cooperation pchealth: Portfolio Committee on Health pchigher: Portfolio Committee on Higher Education pchome: Portfolio Committee on Home Affairs pcsettle: Portfolio Committee on Human Settlements pcjustice: Portfolio Committee on Justice & Constitutional Development pclabour: Portfolio Committee on Labour pccoop: Portfolio Committee on Cooperative Governance and Traditional Affairs pcmin: Portfolio Committee on Mineral Resources pcprivate: Portfolio Committee on Private Members' Legislative Proposals (NA) pcpublic (Within the pcpublic folder the following sub-folders appear:

pcpaccounts Standing Committee on Public Accounts (SCOPA) pcpservice: Portfolio Committee on Public Service and Administration pcpubent: Portfolio Committee on Public Enterprises pcpworks Portfolio Committee on Public Works

pcrules: Portfolio Committee on Rules pcpolice: Portfolio Committee on Police pcsci Portfolio Committee on Science & Technology pcsocdev: Portfolio Committee on Social Development pctransport: Portfolio Committee on Transport pcwater: Portfolio Committee on Water and Environmental Affairs scag: Standing Committee on Auditor General pcrural: Portfolio Committee on Rural Development and Land Reform pcwomen: Portfolio Committee on Women, Children and People with Disabilities NCOP (Within the NCOP folder the following sub-folders appear:

sceduc: Select Committee on Education and Recreation scland: Select Committee on Land and Environmental Affairs scfinance: Select Committee on Finance and Appropriations sceconomic: Select Committee on Economic Development sclabour: Select Committee on Labour and Public Enterprises sclocal: Select Committee on Cooperative Governance scprivate: Select Committee on Private Members' Leg Proposals scpservice: Select Committee on Public Services scrules: Select Committee on Rules scsecurity: Select Committee on Security and Constitutional Affairs scsocials: Select Committee on Social Services sctrade: Select Committee on Trade and International Relations scwomen: Select Committee: Women, Children, People with Disabilities

Adhoc: adhocforensic Ad Hoc Committee on Criminal Law (Forensic Procedures) adhoc protect Ad Hoc Committee on Protection of Information Bill

Joint (Within the JOINT folder, the following sub-folders appear: crc: Joint Committee on Constitutional Review jcdefence: Joint Standing Committee on Defence jcrules Joint Committee on Rules jcwomen Joint Committee on Improvement of Status of Women jcethics Joint Ethics & Members' Interests Committee - Joint Standing Committee on Intelligence

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Understanding the type of meeting you are attending will help you determine what sort of information you need to record in the meeting. What follows is a guide to the type of meetings you encounter as a monitor. Under each item are details on what type of information to record. Always try and get the first name, surname and full job title for all presenters.

Briefings on Bills

Briefing on a Bill (or policy issue) by a Department drafter (or consultant or task team) Who is giving the briefing? Provide background to the briefing: What is the Bill’s main purpose? What created the need for the Bill to be drafted? If there is a briefing document, a regurgitation of the document is not needed. A short note that includes the headings within the briefing document is sufficient. If the presenter included points that are not in the briefing document – these should be included as well. Please consult the briefing document when writing up this paragraph rather than relying only on your notes. Provide a detailed report of questions asked, the name and party of the MP doing the asking, the answer given and any further discussion on the issue raised by the question.

Hearings

Hearing of public submissions Here the Committee calls for submissions from the public on a new Bill or on some policy issue. For example, on the Domestic Violence Bill or on issues such as Child Care Grants. Presentation of the submission If there is a written copy of the submission, summarise the main points. This summary should indicate the presenter’s stance on the Bill/issue and recommendations, particularly if the presenter has proposed new wording, or deletion of some clauses. If there are additional points made that are not included in the submission itself, record these. If there is no written copy, then record the submission as accurately as possible. Questions and answers Record each question and who (name and party) asked the question. If you don’t know the MP’s name and party, try to ascertain this after the meeting or during tea time. Often questions are asked in batches and replied to all at once - which is confusing. Match the question with its specific answer only if this is easy for you to do. Otherwise report exactly how the response was given.

Response to Submissions by Department

Summary of submissions Here the department official in charge of the Bill will present a summary of all the submissions made and the department’s response to each of these submissions. No need to repeat exactly what is contained in the Summary of Submissions document, merely write: (see

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document). However, you should, at the very least, record the clauses on which submissions were made, and whether the department agreed with them or not Record the discussion, noting any comments made about specific submissions – if these are not contained in the department’s response document.

Deliberations

Deliberations (or discussion) by the Committee on the Bill For example: Employment Equity Bill: deliberations

Clause by clause deliberations Clause by clause deliberations are very hard to follow if you don’t have a copy of the Bill (or the latest working draft) and any other documentation which the Committee has before it. It is thus advisable to get a copy of the Bill from PMG, our website or visit the basement of Parliament where they keep copies of Bills. It is a good idea to arrive early to ensure you obtain a copy of any new documentation. Important: For each clause that is discussed, make a sub-heading. Give number and title of that particular clause e.g. Clause 16 Duties of the Commissioner Note the following: If the department official explained what the clause dealt with: Is there agreement or disagreement on the clause? What are the points of contention? What are the different political parties’ positions? What did the Committee eventually decide to do? For example, did the Committee decide to leave (flag) clause 12 for further discussion at a later date OR did they request the department official to seek legal opinion on whether the clause is constitutional.

Voting

If the Committee votes on each clause, briefly state: e.g. The Committee approved Clauses 1 to 30. However, the DA rejected Clause 17 as they felt it gave the Minister too much power. Usually to save time the Committee votes on the Bill as a whole. Committees of the National Assembly vote by party; so the Chairperson will usually ask each party what their position is. Note: (1) if the Bill was unanimously adopted by the Committee and (2) if it was passed with or without amendments. Indicate those parties that vote against the Bill (dissent) or do not to take a position (abstain). Sometimes they accept the Bill but vote against specific clauses - these must be indicated. If a party explains why they chose to vote in a certain way, record their comment. [No need to note proposers & seconders of motions.] Please check with the clerk after the meeting that you have captured the voting correctly. It can be very confusing as it happens very fast. The Committee then writes a short report noting that it reports the Bill with or without amendments – which the House will adopt in its next plenary session. The Committee also decides if there should be a debate on the Bill in the House or just a straightforward vote.

Consideration of NCOP proposed amendments to the Bill

Once the National Assembly (NA) has passed a Bill, it is referred to the NCOP Committee for consideration and the NCOP may recommend amendments.

If the Bill is a Section 75 Bill (not affecting the provinces), the Bill as amended by the NCOP will be referred back to the NA Committee for consideration. The NA Committee may accept or reject the amendments. This decision is final.

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However, if the Bill is a Section 76 Bill (affecting the provinces), and the NA decides to reject the NCOP amendments, the Bill will have to be referred to a Mediation Committee Note the following: What are the contentious issues? What are the different political parties’ positions on the amendments proposed by the NCOP? What did the Committee decide to do - to accept, reject or change the amendment?

Other Types of Meetings

Oversight function of Committees The Constitution gives Parliament the power to exercise oversight over the Executive and any other organs of state. Briefings serve to keep the Committee informed of proper implementation of legislation, problems in the department, the department’s legislative programme and priorities. They also provide MPs with the opportunity to ask the Minister or departmental officials questions on the issue being discussed, thereby holding the Minister and the department to account. Always mention the presence of a Minister at a meeting. Briefing by the Minister E.g. Briefing by Deputy Minister of Justice on the National DNA Database Briefing by a government department E.g. Briefing by Director General of Social Development on the Department’s Annual Report Briefing by Department of Home Affairs on the Identity Document campaign Briefing by an organ of state E.g. Independent Complaints Directorate’s update on internal problems South African Narcotics Bureau’s Annual Report The Reserve Bank of South Africa’s Quarterly Report SA Human Rights Commission briefing on its Socio-Economic Report Follow the guide provided above under “Briefings” If the Minister or departmental official is merely reading from a document, then all you need do is summarise the main points in about five lines.

If there is no written briefing document (this is often the case when a Minister speaks off the cuff), then record the briefing as accurately as possible. Record all questions, the name and party of the MP asking the question, the answer given and any further discussion on the issue raised by the question.

Budgets The extent of Parliament’s involvement in the budget process was limited for the past 15 years but Parliament passed a law in 2008 which allows it to amend Budgets!

● Agenda line: Department of Health Budget & Strategic Plan 2013 Basics to know about budgets: - Parliament will now be able to amend a budget due to the Money Bills Amendment Procedure Act 2009 - Each department presents a budget which is referred to as a Vote. - Each department is divided into Programmes e.g. Administration - Don’t include PR blurb such as the Vision and Mission of the Department or its entity. - Highly outstanding achievements can be included (as long as it is not PR blurb). - Identified challenges need to be highlighted. - Be wary of budget figures as you can easily make mistakes (is it millions or billions?) - Reporting percentages is better. 1. Briefing by the relevant Department on its proposed budget

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- Make sure you get a copy of the budget so as to ensure that you can follow the discussion and don’t need to write everything down.

- Note percentage changes or where the department emphasises something - Note the questions and concerns expressed by the MPs and the department’s replies. 2. Hearing of evidence on the proposed budget - Name and organisation presenting the evidence - Note the concerns and proposals - Note questions and answers (name, party) Appointment processes Ad Hoc Parliamentary Committees are tasked with recommending candidates for appointment to various state bodies. If approved by the National Assembly, the named persons are then referred to the President. The President is not obliged to appoint the recommended persons, but in most instances he will not deviate from Parliament’s recommended candidates. The procedure is: Nominations are requested from the public. The Committee short-lists the candidates they want to interview. Interviews take place. At the next meeting, the political parties come with a list of preferred candidates, and the Committee reaches an agreement on the candidates they wish to recommend to the President. Examples - Appointment of SA Human Rights Commissioners / Gender Equality Commissioners - Appointment of Public Protector / Auditor-General - Appointment of Electoral Commissioners (Home Affairs Committee) - Appointment of ICASA Councillors (Communications Committee) - Appointment of Public Service Commissioners 1. Planning The Committee discuss how the process will be conducted / adverts calling for nominations - Record the discussion and final decision on the process to be followed. - Take note of any dissent by minority parties. 2. Shortlisting Note the procedure followed. For example, the chairperson might ask each party to present its own shortlist; the Committee will then accept those names that they all have in common and then hold further discussion on the more contentious candidates. The Committee may even stop the meeting for a short while to hold bi-laterals and caucus.

Note reasons, if given by the various political parties, for supporting or rejecting a candidate.

3. Interviews List the names of the candidates List the questions asked (these should be the same for each candidate) Do not provide the candidate’s answer but refer the reader to the audio recording (So it is important to ensure you get a good sound recording!) Try to note the amount of time spent on each candidate. 4. Deliberations and final selection Record each party’s chosen candidates, questions asked and concerns raised regarding particular candidates and any reason given as to why they support or reject a particular candidate. Record the final decision and the positions of different parties. Consideration of International Treaties/Conventions and Protocols e.g. Consideration of African Nuclear-Weapon-Free-Zone Treaty Follow the guide provided above under “Briefings”. Note: A Committee merely recommends whether or not Parliament should ratify the treaty.

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Visits by Foreign Delegations e.g. Safety and Security Committee: Briefing by Russian Minister of Interior Foreign Affairs Committee: Briefing by Iranian Foreign Minister Note the following: Country? Purpose of visit? E.g. To exchange information Summarise any presentation made and record questions and answers. Committee Planning and Process 1. Election of Chairperson Record the procedure adopted, names of nominees, any dissent and the result of the vote. 2. Committee Programme

E.g. Legislative programme, study tours, provincial visits Record discussion only if it is substantive in nature and not technical. 3. Committee Reports Summarise the discussion only if it is substantive / controversial. Be sure to ascertain if the report was adopted. NCOP Committees: Negotiating Mandates If a Bill is tagged as Section 76 (falls within scope of both national & provincial government), the NCOP will always participate more in the process of passing the Bill. Following the briefing on the Bill to the NCOP Select Committee, its Members will return to their provincial counterparts in the provincial legislature for a thorough review of the Bill and even public hearings can be convened. The provincial Committee will then decide if it supports the Bill or if amendments are needed. Each province mandates its NCOP Member to negotiate changes to the Bill on its behalf. The Members then report on the province’s decision to the Select Committee. In the Negotiating Mandate meeting, each province presents its written negotiating mandate. Provide a heading for each province, note who presented the mandate, note substantive proposed amendments only. If there are technical amendments, no need to mention detail. If there are a lot of amendments, refer to written mandate: (see mandate). Note the Department’s response to the positions of each province and if they agree to or oppose the proposals. Members of the Select Committee will continue to negotiate an acceptable version of the Bill. Look out for the following and report carefully on them in your report: - Which provinces did not have a negotiating mandate ready? State the reason why not. - Clearly show if the province approves the Bill with or without amendments - Were there any complaints from the provinces about insufficient time to consider the Bill and also consult stakeholders? - Were the suggested amendments substantive or mainly technical? - Identify the name and job title of the department officials who provide a response to the negotiating mandates - Clearly capture the department's response to each province's suggested amendments. NCOP Committees: Final mandates After the negotiating mandate meeting, the NCOP Members report back to their provinces on these negotiations. The provincial Committees draw up a final / voting mandate. In the final mandate meeting, the Select Committee will vote on the Bill. Each provincial delegation presents its written voting mandate. There can sometimes be further negotiation. Voting is by province and there are therefore nine votes; each province having one vote only. Look out for the following and put them in your report: - Record the provincial votes (if opposing, note which clauses or if it is the whole Bill). - Record any negotiations

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1 Ordinary Bills ▪ Bills have clauses, not sections. Once the Bill becomes an Act, these clauses are then called sections. ▪ Most Bills have an explanatory memorandum at the end, which you should try to read over before your meeting. This memorandum provides an overview of the main purpose of the Bill. ▪ Clause 1 almost always deals with Definitions for the words in the Bill ▪ There is a Long Title prior to the beginning of the Bill (and sometimes a Preamble): “To amend the Constitution of the Republic of South Africa, 1996, in order to re-determine the geographical areas of the provinces of Gauteng and NorthWest; and to provide for matters connected therewith”. ▪ Bills are numbered in order of their introduction into Parliament: ▪ As changes are made to the Bill in Parliament, its numbering changes:

Bill No 61 – 2008 Companies Bill B61-2008 As introduced into Parliament B61A-2008 Portfolio Committee amendments only B61B-2008 Portfolio Committee amendments added into Bill B61C-2008 Select Committee amendments only B61D-2008 Select Committee amendments added into Bill

This order is reversed if a Bill is introduced first in the NCOP (rarely happens) 2 Amendment Bills change / amend an existing Act ▪ Clause numbers in the Amendment Bill will not correspond to the sections in the Act. ▪ [ ] Words in bold in square brackets mean they will be deleted from the Act ▪ _____ Words underlined with a solid line mean they will be inserted into the Act

For example: Clause 2, amending Section 24 of the Medical Schemes Act, 1998 2. Section 24 of the Medical Schemes Act, 1998, is hereby amended by the substitution for subsection (2) of the following subsection: ‘‘(2) The Minister shall [lay] table a copy of such report [on the Table of the Senate and of the House of Assembly] in Parliament within 14 days after receipt thereof if Parliament is then [in ordinary session] sitting or, if Parliament is not then [in ordinary session] sitting, within 14 days after the commencement of [its] the next ensuing [ordinary session] sitting of Parliament.’’

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Before legislation even reaches Parliament or is “tabled” it has been through a process of being drafted and cross-checked by state law advisors. How Bills arrive at Parliament:

1. A Bill may be driven by a government department and Minister, or

2. Come through a law reform process involving the South African Law Reform Commission, or

3. A Bill may be drafted by a Parliamentary Committee, or 4. An individual Member of Parliament.

Most often a Bill would have been drafted by a particular government department. Let us look at that process in more detail. If the proposed legislation is aimed at bringing about a change in policy the Department will always have to consult widely on aspects of the new policy and its impact on stakeholders. In such cases the Department will first draw up a green paper, which is a broad policy statement and discussion document. This will be followed by the publication of a white paper, a more refined document which will give stakeholders an idea of the contents of the proposed legislation. Once this consultation has been completed the Department will then draft the Bill. Not all Bills will be preceded by the green paper/white paper process. In most cases the process starts with the drafting of a Bill by a Department. The Department will publish the draft Bill in the Government Gazette and invite public comment or consult with relevant stakeholders. When that process is completed and the Bill has been adjusted to take into account these various opinions it will be submitted by the relevant Minister to Cabinet. If Cabinet approves the Bill, it is then sent to the State Law Advisors who verify that the Bill is constitutional and capable of being implemented. Thereafter the Bill is tabled in Parliament. The Constitution provides parliamentary procedures for passing Bills. In the Schedules at the back of the Constitution, it outlines whether national government or provincial government has ‘competence’ over areas of governance. In accordance with this, you have: Section 75 Bills - Bills that do not affect the provinces (see Section 75 of the Constitution); Section 76 Bills - Bills that affect the provinces (see Section 76 of the Constitution).

All Bills are tagged as either Section 75 or Section 76 Bills. The passage of a Bill through Parliament is different for each. You will probably understand that with respect to a Section 76 Bill the input of provinces is far more essential. [Refer to the diagram in Appendix 1]:

Bills not affecting the provinces (Section 75 Bills)

An ordinary Bill that does not affect the provinces can only be introduced in the National Assembly (NA). Once it has been passed by the NA, it must be sent to the National Council of Provinces (NCOP). In this case, delegates in the NCOP vote individually and the Bill must be passed by a majority of delegates present. If the NCOP rejects a Bill or proposes its own amendments, the Bill is returned to the NA which will pass the Bill with or without taking into account the NCOP amendments or it may decide not to proceed with the Bill. The NCOP's role in Bills that do not

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affect the provinces is therefore a limited one. It can delay a Section 75 Bill, but it cannot prevent it from being passed.

Bills affecting the provinces (Section 76 Bills)

A Bill that affects the provinces may be introduced in either the NA or the NCOP, but must be considered in both Houses. Members of the NCOP do not vote as individuals on Section 76 Bills but rather as provincial delegations. Each provincial delegation has one vote so there are nine possible votes regarding Bills that affect the provinces. These Bills must also be discussed by each provincial legislature so that each legislature can give its NCOP delegation a negotiating and then a final mandate. This makes it necessary to have six-week legislative cycles so that a number of Bills can go to each province at one time. Bills are usually considered by a provincial Committee, which may hold public hearings on the Bill to receive comments and suggestions. These Committees make recommendations to their legislatures, which then decide on their position on each Bill and mandate their NCOP delegation accordingly. The four special delegates to the NCOP (who are supposed to be chosen according to their expertise and knowledge of the Bills being debated) go to Cape Town to join the six permanent delegates. The full delegation of ten people participates in the national debate on the Bills, thus enabling the provinces to contribute to national legislation that affects them. The delegation then casts its one vote on behalf of its province and in accordance with the provincial legislature's mandate. The NCOP must pass, amend or reject a section 76 Bill. If the Bill was introduced in the NA, however, the NA can override the NCOP decision with a two thirds majority of its Members.

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Historical Context

South Africa became a republic in 1961, and in 1983 it adopted a tricameral constitution which established a tricameral Parliament. This tricameral Parliament had three houses: one for Whites, one for Coloureds, and one for Asians. The white House of Assembly continued to hold most of the power and Africans remained excluded from political representation. In 1990 the liberation movements were unbanned and political activity became free. Negotiations for a new political dispensation began between the then government, the liberation movements and other political parties. These negotiations led to the establishment of an interim constitution in 1993, and South Africa’s first non-racial, democratic election was held on the 27 April 1994. The final Constitution was adopted on the 18

December 1996 and it came into

effect on 4 February 1997. South Africa is now a constitutional democracy.

The Constitution

The Constitution is the supreme law of the country. Not even the President can act against the Constitution. All laws passed by Parliament must be consistent with the Constitution in order to be valid. The Constitution gives every citizen certain rights, freedoms and obligations. The rights and freedoms must be respected and the obligations fulfilled by all citizens. In South Africa, it commits the country to equality and the protection of human rights. It prohibits discrimination on the basis of race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth. It provides for universal suffrage and for the creation of a common voters’ roll of all eligible adults over the age of 18. It creates a multi–party system of democratic government.

The Three Spheres / Levels of Government

The Constitution provides for three spheres or levels of government, namely: national, provincial and local. Each of these has legislative power over certain areas of policy and implementation responsibility for others. The principle of co-operative governance between national, provincial and local governments is enshrined in the Constitution. The Constitution states that Parliament must pass legislation facilitating inter-governmental relations, and that all reasonable steps to settle a dispute between the different levels must be taken before a court is approached. Separation of Power in Government The Constitution entrenches the separation of power in government by providing for three separate branches of government: the Executive, the Legislature, and the Judiciary. Each of these branches has its own specific powers and responsibilities. These powers and responsibilities complement and also provide checks and balances on each other so that effective governance is possible. The Difference between Policy and Law Public Policy refers to a course or principle of action adopted or proposed by government. Key national policies and policy frameworks are agreed within Cabinet. Specific policies within these frameworks are delegated to Ministers and their departments.

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For example, the macro-economic policy framework known as GEAR (Growth, Employment and Redistribution) was decided by Cabinet as it affected a number of ministries. Education policy is determined by the Ministry of Education, though it would need the approval of the Cabinet. Law means rules enacted by Parliament to prescribe or prohibit certain actions, enforced by the imposition of penalties. It aims to put policy into practice. Before law becomes an Act, it is called a Bill. For example, the government wants to safeguard the rights of workers in the workplace as a principled policy. It has put that into practice by passing a law called the Basic Conditions of Employment Act.

The Executive Branch

The executive branch is what people generally mean when they refer to “government”. This branch includes the President, the Deputy President, the Ministers -- together comprising the Cabinet -- and their departments. Each department is headed by a Director-General and staffed by civil servants. The Cabinet is individually and collectively accountable to Parliament, and Members of the Cabinet must report regularly to Parliament -- hence, the checks and balances noted above. Functions of the Executive Branch According to the Constitution (section 85) the role of the National Executive is to:

implement national legislation

develop and implement national policy

prepare and initiate legislation

Co-ordinate the functions of state departments and administrators.

KEY PLAYERS IN THE EXECUTIVE

The President The Deputy President The National Minister The Provincial Premiers The MECs (provincial ministers) Ministerial and MEC Advisors Departmental Civil Servants State Law Advisors

Green and White Papers Green Paper When government publishes a Green Paper it is presenting its preliminary thinking to the public and all interested stakeholders. At this point, it has not necessarily made up its mind. After it has received written submissions from the public and consulted with relevant stakeholders, the government will revise or elaborate on the Green Paper. White Paper The result of this revision is the publication of a White Paper which is, in effect, a statement of intent. It is a detailed policy plan which often forms the basis of legislation. Practical Application This is the theory, but it is not always what happens in practice. Government is not required to operate this way. Sometimes, for example, government will draft a policy document, and then leap from that to a draft Bill. Sometimes the government will simply publish a Bill or announce a new policy.

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The Legislative Branch

Parliament Parliament is the national legislature. It consists of two chambers: the National Assembly (NA) and the National Council of Provinces (NCOP). Parliament is the most accessible branch of government, where organisations and individuals involved in advocacy may impact decision-making in relation to law and policy. The National Assembly The National Assembly consists of 400 Members, who are elected nationally for a period of five years, on a proportional representational basis. It is the more powerful of the two chambers as it is more directly accountable to the people. The main roles of the National Assembly are:

providing a forum for public consideration of issues; scrutinising and passing legislation; electing the President, overseeing the Executive branch, including the Cabinet and all of the

departments, and holding them accountable. The National Council of Provinces The National Council of Provinces (NCOP) came into operation on 4 February 1997. It is made up of nine provincial delegations, each consisting of 10 delegates. Thus, each province is represented equally. Each delegation is proportionally representative of the political parties that were elected to the legislature in that province. Each delegation consists of:

- Four special delegates from the provincial legislature; - Six permanent delegates appointed by the provincial legislature.

The NCOP ensures that provincial interests are represented at national level and is a way of maintaining links between provinces and central government. It has the power to initiate, amend or reject national legislation, especially in those areas where provinces have overlapping legislative and executive authority. However, while it can often delay the passing of Bills, it cannot block national Bills that do not affect the provinces. Parliamentary Committees Parliamentary Committees are where much of the real work of Parliament takes place. They serve a number of purposes:

- increase the amount of work that can be done;

- ensure that issues are debated more fully than is possible in plenary sessions;

- enable MPs to develop expertise and in-depth knowledge of the Committee’s area of work;

- allow Members of the public to make submissions on specific matters, which is not possible in full Parliamentary session;

- provide a forum where people have to give evidence or produce documents relevant to the Committee’s work.

Each portfolio Committee is responsible for monitoring the department it oversees, scrutinising what it does, investigating and making recommendations on any aspect of the legislative programme and the budget, rationalisation of the department, restructuring, functioning, organisation, structure, personnel, policy formulation and any other relevant matter.

Each Committee elects its own chairperson, although the majority party caucus effectively determines who is chairperson. Nonetheless, some minority party Members were selected by the ANC to chair Committees on the basis of their individual expertise.

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A Committee may make enquiries and hear evidence, and it must debate, amend and put forward proposals for legislation. Committee meetings are generally open to the public, although Committees may decide to close their meetings to the press and public if they have good reason to do so.

A Parliamentary Committee can summon anybody, including the President, a Minister or any department official, to appear before it to supply information. It provides a forum where ordinary citizens or their organisations can make formal representations to government on new laws or policy during the Parliamentary process. The Committees are therefore key structures to utilise for advocacy.

The four types of Parliamentary Committees

Portfolio Committees: The National Assembly has 27 Portfolio Committees -- one to shadow each government department. Portfolio Committees are considered more important than Select Committees because of the greater power of the National Assembly

Select Committees: The NCOP has its own Committees, known as Select Committees. There are eleven. NCOP Committees are usually in charge of three departments, given the smaller number of delegates. E.g. Select Committee on Economic and Foreign Affairs.

Ad Hoc Committees: They are short-lived committees formed to consider specific issues such as the appointment of the Public Protector and the Human Rights Commissioners.

Joint Standing Committees: These are Committees that have Members from both the National Assembly and the NCOP. Examples: Joint Monitoring Committee on Children, Youth & People with Disabilities; the Joint Monitoring Committee on the Status of Women.

Key Players in Parliament

Speaker of the National Assembly and the Chairperson of the NCOP: They are the Presiding Officers and normally chair the plenary sessions of their chambers.

Leader of Government Business: S/he represents the Cabinet in Parliament, is usually a Cabinet Minister and plays a crucial role in deciding the programme of the House. The Leader informs Parliament about Cabinet’s priorities.

Committee Chairpersons: The chairpersons are important targets for advocacy because they control the business conducted in their Committees and would play a key role in deciding whether hearings will be held on a particular issue, and if so, who will testify.

Political party structures

Chief Whips: Party whips are elected to oversee their party’s participation in Parliament. They speak on behalf of their parties, organise speeches and voting and generally make sure that Parliamentary business runs smoothly. Party whips are formally appointed by the Speaker.

Caucuses: Each party holds a caucus meeting on Thursday mornings to discuss how the party will deal with the issues before Parliament. Caucus meetings are not open to the public, but key Members should be lobbied before meetings to raise issues.

Study groups: Parties have study groups on Monday to develop the knowledge and expertise of their Members in the areas covered by the Portfolio Committees. The study group may be approached before an issue is debated in Committee to help determine the party’s position.

Public Access to Parliament The Constitution says that there must be public access and involvement in Parliament. Members of the public have the right to attend the meetings of Parliamentary Committees and all sittings of the National Assembly and the NCOP. You can stay informed regarding Parliamentary agendas through the media, by contacting the Public Participation Information Section at Parliament, or through a political party. Members of the public also have the right to contact any MP or Member of the NCOP to inform them of their views. This can be done through constituency offices or directly to the offices of Parliament in Cape Town.

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The Types of Bills that can be introduced in Parliament There are four types of Bills that come before Parliament with different procedures for each. 1. Bills that do not affect the provinces (Section 75 of the Constitution) 2. Bills that affect the provinces (Section 76 of the Constitution) 3. Amendments to the Constitution (Section 74 of the Constitution) 4. Money Bills (by which Parliament allocates money to departments; these are introduced

into the National Assembly by the Minister of Finance: Section 77 of Constitution). Prior to 2009, Parliament was not allowed to amend Money Bills so it was quite momentous when Parliament finally passed a law which allows it to amend Money Bills known as the Money Bills Amendment Procedure and Related Matters Act 9 of 2009. This Act is often referred to in meetings.

Amending the Constitution Constitutional amendments require special majorities. A constitutional amendment that affects the provinces or that amends the Bill of Rights requires the support of two-thirds of the Members of the National Assembly and the support of six provinces in the NCOP. The founding values of the Constitution (for example, non-racialism and non-sexism) can only be changed with the support of 75% of the National Assembly and six provinces in the NCOP. All other constitutional amendments only require a two-thirds majority in the National Assembly. They do not require the support of the NCOP although the NCOP must debate the amendment. All constitutional amendments must be published in the Government Gazette with a call for public comment at least 30 days before being introduced in Parliament. Submitting Bills in Parliament Bills may be submitted by:

Ministers

MPs

Parliamentary Committees Passing a Bill into Law A Bill is proposed legislation that has been introduced in Parliament. Parliament must accept (pass), reject or amend a Bill. All Bills must be considered and voted on by both chambers -- the National Assembly and the National Council of Provinces. If they pass a Bill, amended or un-amended, the Bill is sent to the President for his assent and signature and it then becomes law. Once a Bill becomes law we refer to it as an Act of Parliament.

The Judicial Branch

The judiciary is the third branch of government. The Constitution vests the judicial authority in the courts. Their role is to enforce the law, with respect to all individuals, companies and the government. The courts are independent and subject only to the Constitution and the law, which they are to apply impartially, and without fear, favour or prejudice. The courts include (in order of their hierarchy):

the Constitutional Court,

the Supreme Court of Appeal,

the High Courts,

the Magistrates’ Courts,

the Small Claims Courts. The Constitutional Court is the highest court and decides only constitutional matters. It can determine whether a policy, a law, an amendment to a law, or even an amendment to the Constitution itself is consistent with the Constitution. It can hear any matter involving the interpretation, protection or enforcement of the Constitution.

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Provincial Government Structures

Executive The Premier of the province together with the Executive Council carries out provincial executive functions. The Premier is elected by the Provincial Legislature. The Executive Council consists of the Premier and no fewer than five and no more than 10 Members appointed by the Premier from the Members of the Provincial Legislature. They are known as MECs (Members of the Executive Council).

Legislative South Africa’s nine provinces are governed by Provincial Legislatures that may pass their own provincial constitutions and pass legislation dealing with matters that fall within their jurisdiction, as determined in the national Constitution. The Provincial Legislatures also consider national Bills that affect the provinces and give a mandate to their representatives on the National Council of Provinces. In the “provincial loop”, the four-week legislative cycle of laws affecting the provinces, Bills are discussed in provincial Parliamentary Committees. These Committees may hold hearings on such Bills, and these hearings would provide an opportunity for advocacy organisations to lobby at the provincial level. A Provincial Legislature consists of between 30 and 80 Members elected for five years by voters whose names appear on the provincial segment of the national common voter's roll.

Local Government Structures

Historical Background Local government in South Africa is constitutionally entrenched as an autonomous sphere. It is not a creation of provincial legislation. This also means that national government cannot, by executive action, decide to do away with local government. This constitutional guarantee is the first of its kind in the country. Historically, this was not the case. In the former homelands, in the rural areas, local government never existed. In these areas, traditional leaders exercised governance largely based on traditional customs and customary law. They were given powers over land allocation and development matters on communally owned land. In that system local communities exercised little or no choice about their own political life. In urban townships, limited local government forms were tried at different times but were deemed illegitimate by the black population as they were based on racial discrimination. Section 151(1) of the Constitution states that "the local sphere of government consists of municipalities, which must be established for the whole territory of the Republic." It further states that a municipality has "the right to govern, on its own initiative, the local government affairs of its community, subject to national and provincial legislation." The Objectives of Local Government Municipalities are charged by the Constitution to strive to achieve the following objects, within their financial and administrative capacities. Section 152 of the Constitution set the objectives:

- To provide democratic and accountable government for local communities; - To ensure the provision of services to communities in a sustainable way; - To promote social and economic development; - To promote a safe and healthy environment; and - To encourage the involvement of communities and community organisations.

National and provincial governments are constitutionally required to support and strengthen municipalities` capacities to manage their affairs, perform their functions and exercise their powers through legislative and other measures. This is necessary to implement the concept of co-operative governance by all the three spheres of government. Local government is given a role in the national legislation-making process: 10 delegates from organised local government, known as the South African Local Government Association (SALGA), participate in the Committees of the National Council of Provinces. Although local government enjoys participation in the NCOP, its delegates do not have voting rights.

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Chapter 9 State Institutions Supporting Democracy

Chapter 9 of the Constitution establishes a number of watchdog-type institutions. Although legislation determines how they function and most of their funds come from government, they are not formally part of government. Rather they are specifically structured to be independent of government, their role being to uphold the Constitution. They are: The Public Protector investigates all complaints where the complainant feels that he or she has been prejudiced due to government maladministration or improper conduct. The Human Rights Commission promotes respect for human rights, and protects and monitors the observance of human rights. They also monitor the attainment of the socio-economic rights contained in the Constitution. They can investigate complaints about human rights violations and secure redress for such violations. The Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities is the last of these institutions to be formally established. This is still in process. It is meant to promote peace, tolerance and national unity amongst diverse communities on the basis of equality, non-discrimination and free association. It can recommend the establishment of cultural or other councils for such communities. The Commission on Gender Equality’s mandate is to promote respect for gender equality. It can investigate gender-related complaints, advise government on gender issues and resolve gender-related disputes by way of mediation. The Office of the Auditor-General audits the financial books of government, providing independent information on how government is spending taxpayers’ money. Each year they provide an audit report on the department’s financial management. Note: The Auditor-General expresses a disclaimer of opinion (worst); issues a qualified opinion (worse); an unqualified opinion but with an emphasis of matters (bad); issues an unqualified opinion (good!) The Office of the Auditor-General has requested that PMG alerts it to any issues that are relevant to its work. If a specific example of maladministration, corruption or poor performance (by government departments or state entities) is discussed and you think the Auditor-General should be alerted, please alert and brief our Co-ordinator on your return. The Electoral Commission is responsible for the conduct and management of all future elections at national, provincial and local levels. It must ensure the freeness and fairness of those elections. The Independent Communications Authority of South Africa (previously the Independent Broadcasting Authority) regulates broadcasting in the public interest, to ensure that a diversity of views are presented on radio and television. Other Acts creating structures and mechanisms for the protection of rights: Examples: The National Economic Development and Labour Council (NEDLAC): Created in 1994, NEDLAC seeks to reach consensus and conclude agreements amongst government, business, labour and community constituencies, on social and economic policies before their adoption as well as on proposed labour legislation before it is introduced to Parliament. Labour Relations Act (LRA): The Labour Relations Act passed in 1996 created the Commission for Conciliation, Mediation and Arbitration (CCMA) to resolve workplace disputes between individual workers or trade unions and the employer or an employer’s organisation. Employment Equity Act: Passed in 1998, the Employment Equity Act seeks to protect workers against all 17 areas of discrimination listed in the Constitution.

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What happens after you have sent me this manual? You will be sent into Parliament once with an experienced monitor for a trial run to see if this work suits you and to learn the procedures. If both you and PMG believe you are ready, you will then go into meetings on your own. Be sure to request and fill in your Banking Details Form and submit a printout of your bank details from your bank so that monthly electronic payments into your bank account can be made smoothly. Prospective monitors must also submit a copy of their ID or passport as well as SARS tax reference number. All these documents are necessary to ensure that monthly electronic payments into your bank account can be made smoothly. How do I know what to take down during the meeting? You need to take a “fly on the wall” approach to your report. If someone were not in the meeting, would they get a correct impression of the discussion and decisions taken in the meeting from your report? The discussion where the MPs ask questions and especially the replies by the presenter are very important to capture correctly. How long do I have to stay at a meeting that runs over time/morning meeting running into afternoon meeting? If it looks like your morning meeting will unexpectedly run over into the afternoon & you can’t do an afternoon session, please contact the Coordinator. There are call-boxes & we will reimburse you for the call; otherwise SMS or send a Please Call Me to 076 7965004. This information is important for us to arrange a monitor to replace you at the meeting. The same applies to your afternoon meeting. Try to stay as late as you can but if it seems as if the meeting will carry on too long and you really are unable to stay, please contact PMG. Can I take the documents home with me to do my report? Or can I keep the hard copies of interesting documents? Always leave the original of any document at the PMG office and make a copy for yourself. If the document is lengthy, and you require it in its entirety, you may ask the Document Officer for permission to take it home with you. They can also be scanned at our office. Do I decide which meetings I attend? We try to send our monitors to the meetings of their preference. However, several monitors might express an interest in the same meeting. Our ideal is to have the same monitor cover the same committee as this produces the best continuity and the most insightful reports. What if my meeting is cancelled or postponed? From time to time your meeting may be cancelled, postponed, adjourned or moved to a different venue. We ask for your indulgence when this does happen. We try to communicate these changes to monitors as quickly as possible but Parliament does not always notify stakeholders of these changes. Try to carry reading material/work with you to make use of during unexpected delays. We pay a cancellation fee of R60 for students and R75 for non-students. How much am I paid for each meeting I attend? Monitors are not paid for their trial run meeting. Thereafter, students are paid between R250 and R350 per meeting depending on the length & quality of their report. Monitors who have extensive work experience, do not require any editing and are top-division writers are paid R450 per meeting.

Chapter

8 F r e q u e n t l y A s k e d

Q u e s t i o n s

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Payday is on 25th of every month. Please notify the Coordinator if you believe the amount

(paid into your account) is not correct. When do the parliamentary committees meet? Most meetings take place on Tuesday and Wednesday mornings and some on Friday mornings. Occasionally there are meetings on Monday mornings and Thursday afternoons. Mondays are reserved for constituency work and MPs usually attend study groups on Thursday mornings. There are also afternoon meetings occasionally. If you should attend both a morning and an afternoon session of 2¾ to three hours each, you would receive a double payment. There are no committee meetings when Parliament is in recess. In terms of its programme, Parliament has identified the following constituency periods for the year: 23 March – 14 April, 24 June – 19 July, 25 September – 5 October, 6 December - January 2014. How many meetings can I expect to attend? At first you will be sent to one or two meetings a week, usually on a Tuesday, Wednesday and/or Friday. As you build up experience you can expect to go more often. At the beginning of each parliamentary session, our pool of new monitors is large, so it may take some time for you to be called for a meeting. Those that produce reports that require little or no editing, will be very popular with our editors. The editors very quickly let the Coordinator know who the super-writers (excellent reports with decent summaries) are. How soon must I submit my report after the meeting? The sooner you write your report, the better the accuracy of the report. The deadline is 24 hours after the end of the meeting (which can be stretched to 36 hours with prior notification of the Coordinator). The report has to be edited and uploaded onto our website within 48 hours. If this deadline is missed, we do impose a penalty R50 (students) R100 (non-students). What do I do if the committee secretary refuses to give me the documents needed to follow the meeting? The secretary may be worried that there will not be enough for the rest of the MPs who might come to the meeting later and hang on to their spare copies. Ask her if she can give you the document after the meeting. Or if you may borrow one until an MP needs it. It is important not to be aggressive as a representative of the PMG. Jot down page numbers, exact clause numbers or anything that will help you find the way once you write up your notes. At least 8 of the current secretaries are former PMG monitors and are very helpful. May I bring a laptop into the meeting and type up my notes? This is permissible – make sure you have a double adapter and extension cord as the media will also want to access the plug point in the room. PMG also has several laptops to lend monitors to take into meetings. The following companies and government entities were paying subscribers in 2012: ABSA Bank, ACCA, Accenture, Altech, American Consulate, Anglo Operation / American, AngloGold Ashanti, Arcus Gibb, Aristocrat, ASSA, Aurecon, Bell Dewar Inc, BMI-Technologies, Bowman Gilfillan Attorneys, British Consulate, BUSA, Business Day, Chamber of Mines, Cheadle Thompson Haysom, City of Cape Town, Cliffe Dekker Hofmeyr, COGTA, Competition Tribunal, Constitutional Court, CSIR, DBSA, Delegation of the European Union, Deloitte & Touche, DENEL, Department of Communication, Discovery Health, Distell, DTI, ECSA, Edward Nathan Sonnenberg, ELIDZ, Elsabe Klinck Consulting, Embassy of Japan, Embassy of Spain, Embassy in Paris, Embassy of USA, Eskom, FEDUSA, Financial & Fiscal Commission, Financial Services Board, First National Bank, Garlicke Bousfield, Gauteng Provincial Legislature, GDF Suez Energy SA, GCIS, GIZ, Group Five Infrastructure Dev, Hahn & Hahn Attorneys, HPCSA, ICASA, ICD, IDC, IEC, IRBA, ISPA, Independent Newspaper, Innovation Group, Innovative Medicines SA, International Marketing Council, Juta , Kagiso Broadcasting, Land Bank, Law Society of SA, Law Society of Northern Province., Legal Aid SA, Lexinfo, LexisNexis, Liberty Group, Lonmin Plc, Magnum Magazine, Mazars Moores, Mail & Guardian, MarPless, Microsoft, Miltons Matsemela, Mogale City, Mohwelere Trading, Mostert Opperman, Mozambique Consulate, MTN, Multichoice Africa, National Treasury, NAB, NCR, NECSA, Nedbank, NEDLAC, Norton Rose, NPA, Oceana, Office of Auditor General, Office of the President, Office of the Public Protector, Petro SA, Petroleum Agency , PIASA, Print Media SA, Pro-active Management Service, PSIRA, Public Investment Corporation, Rand Merchant Bank, Recording Industry SA, Reserve Bank, Reutech Limited, Road Accident Fund, SABC, SABINET, SAHRC, SAICA, SAIGA, SAIPA, SAMED, SAMRC, SAPIA, South African Post Office, SAPOA, SAPS, SASOL, SARS, SENTECH, Shell SA, Shepstone & Wylie Attorneys, South African Breweries, SPACE Consulting, Standard Bank, Telkom, Thales SA, Tiger Brands, Tobacco Institute, Transnet Limited, Unisys Africa, US Embassy, Vodacom, Webber Wentzel, Werksmans, Western Cape Provincial Government, Xstrata