Office of the Speaker

The office monitors implementation of executive committee decisions and act as a link between the Speakership and both internal and external stakeholders, including NCOP and National Parliament. The office monitors and ensures effective management of all legislative programmes , manages intergovernmental and international relations including Commonwealth Parliamentary Association( CPA) and National Conference of State Legislatures( NCSL). Ensures effective implementation of all strategic leadership decisions and monitors implementation of all STACOV and Whips Forum decissions. The office manages and co-ordinate tabling of Annual Performance Plans and Strategic Plans by provincial departments, municipalities and state entities. The office manages liason with provincial departments on all parliamentary matters and manages Speaker’s urgent community intervention programmes and is responsible for Speaker’s Special Projects. The office is responsible for management of media relations and co-ordination of Speaker’s Forums and monitors effective public participation.

The Office of the Speaker ensures involvement, participation and accessibility of the KZN Legislature to the general public in its programmes since it is an activist and people centred legislature. The budget allocated to various provincial govenrment departments should be optimally utilized hence portfolio committees are continuously empowered to conduct their oversight function in the most efficient and productive manner. The voices of the public on management of public affairs are heard through outreach programmes in the form of sectorial parliaments and Taking Legislature to the People( TLTP) . Various Bills are tabled by the Portfolio committees and Members of the Executive Committee with a view to strengthen and ensure relevance of laws to the needs of the province.

The Office of the Speaker receives huge number of requests and complainsts from individuals and community organizations and these are processed accordingly. The office work with Parliamentary Constituency offices in addressing some of the community challenges. Through the Speaker’s Social Responsibility Programme the office has made interventions in many parts of the province particularly in providing relief to poverty stricken families . In partnership with the private sector and other government departments the office has assited many viable community organizations particularly those which provide services to vulnerable groups.

Manager: Mr GN Ngcamu
Email: NGCAMUN@kznleg.gov.za
Mobile: 0605692722
Office: 033 355 7795


What is Supply Chain Management?

Supply Chain Management is an integral part of Corporate Services which renders the following services:

• Bids and Procurement Services
• Technical Services
• Logistics Management
• Asset Management

Bids and Procurement Services This section procures goods and services that the Legislature needs from external suppliers. The process of procuring is twofold: quotations for goods and services below R500 000 and bids for goods and services costing R500 000 and more.

Technical Services Technical services are responsible for the Legislature buildings and any matter pertaining to it, such as office accommodation, telephones, parking, et cetera.

Office accommodation Members will be issued with office keys and remote controls for television sets and air conditioners, where applicable. This section is also responsible for the maintenance of all offices of the KZN Legislature and the Administration Building.

Telephones Each Member has a landline telephone in his or her office. To be able to dial out, each Member must supply the Technical Manager with a four-digit PIN which will then be programmed into the telephone system. To make a call Members must dial *69 followed by the PIN and then zero (0). This should be done for every outgoing call so that it registers on the Member’s telephone account. All outgoing calls will be reflected on a statement that is printed every month.

Parking Each Member of the KZN Legislature is issued a parking bay. A Member will be given a display disc to be attached to the windscreen of a Member’s vehicle so as to be able to access the parking area.

Asset Management Asset Management is responsible for the purchasing and maintenance of furniture and equipment in the Legislature. The movement of furniture and equipment in offices may not take place without the express approval and/or noting of the Asset Controller.

Logistics Management Logistics Management is responsible for the following functions: Travel Desk, Transport, Archives, Provisioning, Registry and Stores Services.

Travel Desk This section arranges accommodation for Members during sittings or while they are away on official business. The Travel Desk is also responsible for making official flight bookings. When a Member has to travel by air on official business, an authorised request for flight arrangements must be forwarded to the Travel Desk from the Office requiring a flight booking, or the Office of the Speaker if it is an official invitation or the Committee Secretary if the business is committee related. Members and their registered dependents get 24 free single trips per year for their own use within the Republic of South Africa. The Travel Desk is also responsible for arranging overseas trips for Members.

Archives and Registry

The Archives Unit is responsible for the safekeeping of dormant and active records of the Legislature until they reach their required maturity point for disposal in compliance with the National Archives Act of 1996. Registry is also responsible for receiving, distributing and dispatching mail. It is also responsible for issuing prescribed stationery for Members. Registry also distributes telephone directories to Members.

Provisioning

This section is responsible for arranging business cards for Members. Members are required to forward the information they want to be printed on their business cards. The business cards of members shall bear the logo of the Legislature only and all cards shall bear similar information and be of the same quality. This section is also responsible for controlling cellular phone accounts and for providing Members with official cellular phones which are returnable upon the day one ceases to be a Member of the KZN Legislature. This section is also responsible for monitoring caterers and provisioning of meals to the public during meetings and functions outside the Legislature precinct.

Stores Management This section manages the consumables that are used on day to day running of the Legislature. They control the issuing of stock and also ensure that stock levels are kept at a required quantity.

Contact Information
Supply Chain Management Unit
2nd Floor: Administration Building
244 Langalibalele Street
3200 Pietermaritzburg

Manager: N.P Buthelezi (Zethu)

Tel: 033-3557548

Fax: 086 566 5818

Email: butheleziz@kznleg.gov.za


Human Resource Management

The purpose of this unit is to provide strategic human resource management services to the Legislature.

The Human Resource Management Unit delivers on the following functional areas:

• Recruitment and selection
• Labor relations
• Performance management
• Benefit administration
• Organisational development
• Employee and Members’ wellness
• Strategic HR management
• Talent management
• Workforce planning
• Learning and development
• Reward
• HR service delivery

HR Relevance to Members

The Human Resource Management Unit supports Members through the Members’ Affairs Unit. HR provides support and administrative services to Members with regard to medical aid; salaries; pension benefits; subsistence and travel allowances; telephone allowances; SARS-related queries, as well as the acquisition of laptops; iPads and cell phones. It also assists Members with study programmes organised by the Public Administration and Management Leadership Academy (Palama).

Further information will be provided during induction sessions.

Contact Information

HR Management Unit
Office Number 1C-11
1st Floor, Administration Building
244 Langalibalele Street
3200 Pietermaritzburg
Senior Manager: Mr W N Mpondi

Email: mpondin@kznlegislature.gov.za
Office: 033 3557502
Mobile: 082 809 2583
Fax: 033 3557566


Risk Management and Internal Audit

The Risk Management and Internal Audit Unit forms part of the Office of the Secretary and reports administratively to the Chief Executive Officer in order for the function to maintain its independence. It also functionally reports to the Audit Committee.

Purpose of Risk Management

The risk management component was established to perform the following functions:
• To assist in the accomplishment of strategic and operational objectives of the Legislature by facilitating early identification and management of potential risks which, should they materialise, would hinder the achievement of the stated strategic objective, and
• To perform the internal control function aimed at providing reasonable assurance regarding the economy, efficiency and effectiveness of operations, internal financial control, as well as compliance with applicable laws and regulations.
• The compliance function ensures that all applicable legislation and Standing Rules are being adhered to by the KZN Legislature.
• The three-lines-of-defence model is used which ensures that management, as the first line of defence, implements sufficient controls to address areas of risk that impact the achievement of strategic objectives. The second line of defence is risk management which facilitates the identification of risk so that remedial plans can be implemented to address the risks. The third line of defence happens when internal and external audits provide independent verification on the controls that are in place within the Legislature.

How does risk management function?

To identify potential risks that may be a threat to the achievement of the KZN Legislature’s objectives, the following activities are performed:
• Annual risk assessment workshops are facilitated during which unit managers and other representatives are required to identify risks that pertain to their respective units.
• During risk assessment workshops, besides identification of risks, risks are evaluated for significance, and thereafter action plans are developed to address those risks considered to be significant enough to jeopardise the achievement of the institution’s objectives.
• The risk management component ensures that the developed actions plans are actually implemented by having follow-up meetings with the relevant risks owners (officials responsible for addressing the particular risk).

Internal Control Function

The internal control function includes the following:

• Reviews of previous internal and external audit reports to identify any weaknesses in internal controls and facilitate discussions with management in order to address identified weaknesses;
• The internal audit component operates on a combined assurance plan that is risk based, i.e. it is based on the most recent strategic risk register of the Legislature and is designed to provide reasonable assurance on the accuracy and validity of various processes of the Legislature;
• Reviews of specific areas where an error has been identified to determine the extent of it in order to rectify such an error;
• Ad hoc audits are also performed to address areas of management concern;
• Audits which are carried out by the risk management component, the Auditor-General and the internal audit component also enable the detection of additional risks that might be missed during the risk assessment process.

Contact Information

Risk Management and Internal Audit Unit
Office GA-13
Ground Floor: Administration Building
244 Langalibalele Street
3200 Pietermaritzburg
Manager: Ms Rowanne Moodley
Email: MoodleyR@kznlegislature.gov.za
Office: 033 355 7650
Fax: 086 571 2111
Risk Officer: Mr Sikhumbuzo Buthelezi
Email: buthelezis@kznlegislature.gov.za
Office: 033 355 7021

Risk Officer: Mr Musa Mkhize
Email: MkhizeM@kznlegislature.gov.za
Office: 033 355 7044


Office of the Chief Financial Officer

Corporate Services

Introduction

The Chief Financial Officer (CFO) is in charge of Corporate Services which cover the following components:

• Financial Management (headed by the Finance Manager who is responsible for budgeting, accounts and expenditure)
• Supply Chain Management (headed by the Supply Chain Manager)
• Security Services (headed by the Security Manager)
• Information Technology (headed by the ICT Manager)

The CFO plays an important role in the running of the Legislature because all activities are undertaken on his recommendations, provided funds are available to meet financial commitments.

Budget of the KZN Legislature

The services rendered by the Legislature are categorised under three programmes which largely conform to the generic budget structure for all provincial legislatures, viz:

Programme 1: Administration
Programme 2: Legislative Services
Programme 3: Facilities for Members and Political Parties
Programme 1: Administration

This programme consists of four sub-programmes, namely:

• Office of the Speaker

The Office of the Speaker is responsible for policy implementation and the provision of support services to the Speaker and Deputy Speaker.

• Office of the Secretary

The Office of the Secretary manages and supports the line function components of the Legislature in achieving their goals.

• Financial Management

This sub-programme caters for the Office of the Chief Financial Officer, Internal Control and Procurement Management and is responsible for providing expertise and advice in terms of financial management, planning the departmental budget, procurement management and monitoring and evaluating expenditure and revenue collection.

• Corporate Services

This sub-programme is responsible for the provision of support services, human resource management, safety services and skills development in accordance with the Skills Development Act and ICT Services. The budget for building renovation costs and other major procurement costs is centralised under this sub-programme.

Programme 2: Legislative Services (Operational & Institutional Support)

This programme consists of seven sub-programmes and the main objectives and services of these sub-programmes are as follows:

• To provide library, research and archive services
• To provide services with regard to legislation, petitions and legislative procedure, etc.
• To facilitate public involvement in the legislative and policy formulation process of the KZN Legislature
• To consider legislation referred to the provincial Legislature by the NCOP
• The provision of secretarial services to committees of the Legislature
• Reporting, interpreting and publication of debates
Programme 3: Facilities for Members and Political Parties

This programme consists of two sub-programmes, namely Facilities and Benefits to Members and Political Support Services.

The purpose of this programme is to render administrative support services to political office-bearers and other Members of the Legislature with regard to facilities and benefits.

• Facilities and Benefits to Members This sub-programme caters for items such as telephone allowances, flights, travel and subsistence costs, stationery and other items relating activities by portfolio committees, standing committees and public participation events.

• Political Support Services

This sub-programme makes provision for constituency allowances, secretarial allowances and political party funding, with the entire budget allocated to Transfers and Subsidies to Non-Profit Institutions.

Constituency allowances

Constituency allowances are paid to political parties represented in the Legislature to set up an infrastructure for the benefit of constituents.

The amount payable per member of the KwaZulu-Natal Legislature is set at R37 576,81 per month and is paid into a political party’s bank account.

Secretarial allowances

Section 116 (2) ( c) of the Constitution directs provincial Legislatures to provide for financial and administrative assistance to each political party represented in the Legislature, in proportion to its representation, to enable the party and its leader to perform their functions in the Legislature effectively.

The current payment to parties is R23 194,54 per month per unit of six members. Parties with fewer than six members qualify as a full unit.

Political Parties’ Fund

The Political Parties’ Fund is aimed at assisting political parties to carry out their constitutional mandate of advancing ideals of democracy. The allocation of money to the political parties is based on a prescribed formula –

• In part, on the system of proportionality, taking into account the relation that the number of such a party’s representatives in the provincial Legislature bears to the total number of the members in the provincial Legislature; and
• In part, on the principle of equity, which may take into account, among other factors, a fixed threshold for a minimum allocation to each of the parties represented in the provincial Legislature or a weighted scale of representation for an allocation to each of the parties participating in the provincial Legislature.

Members’ remuneration forms a direct charge on the Provincial Revenue Fund, and is therefore not included in the three budget programmes mentioned above.

The timetable below is provided by the provincial Treasury and is normally used by the Legislature as a guide for the planning and budgeting process:

Payments on SAP ERP system

In 2012 the Legislature implemented an Enterprise Resource Planning (ERP) system replacing the BAS financial system, Persal system and Hardcat asset management system. The integrated system is responsible for all payments made by the institution, including:

• Subsistence and travel claims
• Flights and accommodation
• Allowances for official visits abroad
• Claims for parliamentary sittings and official openings
• Telephone allowances
• Constituency and secretarial allowances
• Funding for political parties
• Members’ support, e.g. laptops, pension and medical aid contributions, etc.
• Commonwealth subscriptions
• Taking the Legislature to the People initiatives
• Sector Parliaments
• Catering services for business activities
• Public hearings
• Cluster committee visits
• Official funerals

The claims listed above are regulated by the Members’ Guide; departmental policy on travel and subsistence; Department of Transport rates and tariffs; Speaker’s approvals and Political Party Fund Act.

Members of the Legislature are paid salaries and allowances out of Statutory Fund forming a direct charge from the Provincial Revenue Fund which is authorised by the Public Office Bearers’ Remuneration Act. Members are paid according to differentiated levels, namely ordinary new Members; ordinary old Members; Chairpersons of Committees; Whips of Political Parties; Chief Whip of the Legislature, etc.

Administration employees are paid according to an approved organisational structure and remuneration policy. This is controlled by the SAP system.

The Speaker and the Deputy Speaker of the Legislature are excluded from the allocation of Members Remuneration (i.e. the Statutory Fund) because they are engaged in administrative services for more than 60% of their time rather than on political matters. They are therefore paid from a normal operational budget for voted services where the Speaker serves as the MEC responsible for the Legislature, with the Secretary of the Legislature serving as the accounting officer.

The Legislature is an autonomous body and not a government department in the true sense of the word. In the absence of its own regulations, which are still in the form of a draft Bill, it complies with the relevant sections of the Public Finance Management Act regulations for government departments. The set of books are kept according to generally recognised accounting practices.

The above-mentioned responsibilities, clearly defined in the organisational structure of the Legislature, are controlled by the strategic leadership and/or key management personnel, namely the Speaker, the Secretary to the Legislature, the Chief Financial Officer and the Chief Operations Officer. They submit an annual report at the end of each year. Line managers and other staff occupying positions the structure strive to meet the strategic goals, annual operational plan (AOP), annual financial statements and all other defined business activities within the given budget of the Legislature.

Contact Information

Office of Chief Financial Officer
Office GA-11
Ground Floor: Administrative Building
244 Langalibalele Street
3200 Pietermaritzburg

Manager: Mr Mohlomi Ronald Nkopane
Email: nkopanem@kznlegislature.gov.za
Office: 033 3557550/1
Fax: 033 3557747


The National Council of Provinces and Role of the Provincial NCOP Administration Office

Since the functions of the office which deals with the National Council of Provinces differ distinctly from those of other committees within the Legislature, and since the scope of activities performed by this office is extensive, the NCOP Administration Office will be dealt with separately.

The National Council of Provinces
The national Parliament of the Republic of South Africa consists of two Houses, namely the National Assembly and the National Council of Provinces (NCOP). The NCOP replaced the now defunct Senate on 4 February 1997. According to the Constitution of the RSA, the NCOP represents the provinces to ensure that provincial interests are taken into account in the national sphere of government. It does so mainly by participating in the national legislative process, and by providing a national forum for public debate on important issues which affect the provinces. The NCOP also ensures that local government concerns are represented at the highest level.

Composition
The NCOP consists of nine provincial delegations nominated by the provincial Legislatures and a delegation from the South African Local Government Association (Salga). Each provincial delegation consists of 10 members made up of:
• Four special delegates drawn from the provincial Legislature, including the Premier of the Province or a person designated by the Premier as head of the delegation. These delegates may change from time to time, and
• Six permanent delegates.

This means that every province is equally represented in the NCOP. Political parties in each provincial legislature are entitled to be proportionally represented in the NCOP delegation of that province.

The Salga delegation from the nine provincial local government associations represents local government, but these members may not vote. A constitutional formula determines which political parties represented in each Legislature may appoint permanent and special delegates. [For additional information, please see Determination of Delegates: National Council of Provinces Act, 1998.]

Permanent Delegates Six permanent delegates are directly elected as Members of the Legislature. They are sworn in as full members of the national Parliament. Permanent delegates represent the Legislature at the NCOP for the term of Parliament. They spend the majority of their time at the NCOP in Cape Town. However, they may also participate fully in the debates of the provincial Legislature, although they may not vote when decisions are taken.

Special Delegates The four special delegates are Members of the Legislature. The role of the special delegates is to attend the various NCOP meetings in Cape Town and to debate on issues from a provincial perspective. Provincial Premiers, Members of the Executive Council (MECs) or Members of Provincial Legislatures can be appointed as special delegates. Ultimately the NCOP, through its permanent delegates, will provide provinces with a national perspective on issues, whilst special delegates will ensure that the views of provinces are taken into account at national level. Political parties (as opposed to individuals) hold seats in the NCOP. If a member of the NCOP resigns, dies or is expelled from a party, the party which holds that seat chooses another party member to take up the seat. The party’s choice has to be ratified by the relevant provincial Legislature. NCOP Office Bearers

The NCOP elects presiding officers from amongst its members – a Chairperson and two Deputy Chairpersons. These presiding officers manage the work of the NCOP and preside over debates, making sure that delegates speak freely while remaining within the Standing Rules. The permanent Deputy Chairperson is elected for five years, while provincial Premiers take turns to be rotating Deputy Chairpersons for a year. A provincial Whip organises the work of each provincial delegation. A programming Whip helps the Chief Whip to schedule the work of the NCOP.

Decisions

Each provincial delegation has one vote that is cast by the head of its delegation on behalf of the province. Questions before the NCOP are decided whenever five provincial delegations cast their votes in favour of a question. However, amendments to the Constitution of the RSA require the approval of six delegations. When the NCOP votes on ordinary Bills which do not affect the provinces, each delegate has a vote, a third of delegates must be present, and the decision is taken by a majority of those present.

Law-making Role The NCOP considers, passes, amends, proposes amendments to or rejects legislation. It must consider all national Bills. It may also initiate or prepare Bills which fall under Schedule 4 of the Constitution of the RSA (matters over which national Parliament and provincial legislatures jointly have the power to make laws) and certain Bills which affect provinces. However, only the Minister of Finance may introduce a Bill that has to do with finance. Most of this law-making work is done in committees, but all Bills must be referred to a sitting of the NCOP for debate and for a vote on whether to accept or reject the Bill.

The legislative role of the NCOP occupies most of the NCOP’s time, and is the single area in which provinces are most active.

Debates and Questions Issues of provincial importance are debated in the national forum of the NCOP. Members may ask Cabinet Ministers questions which must be answered in the NCOP Chamber. The NCOP may require a member of the Cabinet, a Deputy Minister or an executive official in the national or provincial government to attend a sitting or a committee meeting. A verbatim (word-for-word) record of all debates and Questions is published in Hansard, a parliamentary publication.

Committees The NCOP committees are called select committees. One would find, for example, a Select Committee on Housing; a Select Committee on Public Works or a Select Committee on Transport. Each committee shadows the work of some government departments or debates on Bills, and organises public hearings if an issue is deemed to be of great public interest. Committees may summon any person to give evidence or to produce documents, and they may call any person or institution to report to them. Once a Bill has been debated by a committee, it is submitted to the NCOP for a vote.

Oversight of the Executive

As a collective representative of the provinces, the NCOP also has oversight of the executive arm of government.
• In certain situations the national executive arm (Cabinet) may intervene in the affairs of a province, and a provincial executive council may intervene in the affairs of a local authority. Interventions like these must be approved by the NCOP, and they must be regularly reviewed by the NCOP.
• Any decision by the national government to stop the transfer of funds to a province must be approved by both Houses of Parliament.
• Provinces have certain executive powers under the Constitution, as long as they have the capacity to do what needs to be done. The NCOP must resolve any dispute between national and provincial government over the capacity of a province to do this work.
• Both Houses of Parliament must approve the declaration of a state of national defence.

The Budget

At the beginning of each year, the Minister of Finance tables the Budget. There are two Budget Bills: one that divides the money up between national, provincial and local government (called the Division of Revenue Bill) and another Bill which states how the national government will spend its money. The NCOP debates the Budget and votes on it, and it must be involved in the final decision about the division of revenue.

NCOP: Legislative Process

Bills that are passed by the National Assembly must also be passed by the NCOP before they can become Acts (in other words, before they can become law). Legislation may be tabled in either House – the National Assembly or the NCOP – and will then be considered by the other remaining House afterwards.

Section 74 legislation provides for constitutional amendments, and provinces are required to submit negotiating and final voting mandates to the NCOP.

Section 75 legislation, or legislation falling under the competency of national government, does not require these mandates, as voting is conducted on a party basis.

Legislation that falls under the competency of both national and provincial government, referred to as Section 76 legislation [See Schedule 4 of the Constitution of the RSA], follows the procedure of the six-week cycle outlined below. This legislation impacts on provinces, and therefore needs negotiating and voting mandates from provincial legislatures. The mandating procedure that must be followed by the provinces is determined by the Mandating Procedures of Provinces Act, Act No 52 of 2008.

Provincial NCOP Administration Office

Staff members in the Provincial NCOP Administration Offices are responsible for the overall management of NCOP business in the Legislature. There is an office in the KZN Legislature in Pietermaritzburg, as well as a liaison office in Cape Town to provide logistical and administrative support to the permanent and special delegates in Cape Town, as well as to the Speaker, Whips and chairpersons of portfolio committees to ensure, firstly, that the Legislature meets all its legislative requirements on NCOP matters; secondly, that the consideration of national legislation is within the timeframes of the six-week cycle and thirdly, that Members participate fully in the NCOP programme.

The Six-Week Cycle

Prior to the beginning of the NCOP cycle, the provincial NCOP Administration Unit refers the Bill (as introduced in the NCOP) to the relevant MEC and chairperson of the portfolio committee.

Dates of portfolio committee meetings to discuss the Bill are decided on, taking into account the deadlines set by the relevant NCOP Select Committee for negotiating and voting mandates, dates of the NCOP select committee meetings and the plenary, in conjunction with the provincial Legislature Calendar.

Week 1: Bill tabled in NCOP

The relevant NCOP select committee at Parliament in Cape Town is briefed on the Bill by the department which initiated the Bill. Special delegates from provincial Legislatures also attend the briefing.

Weeks 2 and 3: Bill considered in Provinces

• Provincial NCOP delegates and permanent delegates return to their provinces to brief the relevant portfolio committee.
• Committees can hold public hearings during this period to obtain public input on the Bill.
• Provincial portfolio committee meets to discuss the Bill and to prepare a negotiating mandate. This reflects the committee’s position on the Bill, along with suggested amendments.

Week 4: Back to NCOP

• Provincial NCOP delegates from all nine provinces travel to Cape Town to negotiate on the Bill, in accordance with their mandates.

Week 5: Final Mandates

• Delegates report back to their provinces on the outcome of the negotiations, and provinces prepare a voting mandate. This reflects whether provinces will vote for or against the Bill, as amended.
• The provincial portfolio committee must consider amendments, if any, adopted by the select committee. They must approve or reject them and make a recommendation to the House for approval and conferral of a final mandate.

Week 6: Bill voted on in NCOP Plenary

• The NCOP meets in plenary and provincial delegates vote on the Bill, in accordance with their mandates.
• Scenario A: The Bill is first tabled in and passed by the National Assembly:
If the NCOP passes the Bill without amendments, the Bill goes to the President for his approval and signature and becomes law. If the NCOP rejects or amends the Bill, it goes back to the National Assembly for its consideration. If the National Assembly accepts the amendments, the Bill goes to the President for his approval and signature. If the National Assembly rejects the amendments, the Bill goes through a mediation process. If this fails, the National Assembly requires a two-thirds majority vote to override the NCOP amendments.
• Scenario B: The Bill is first tabled in and passed by the NCOP: The Bill is referred to the National Assembly for its consideration. If the National Assembly amends the Bill, the amended version must be approved by the NCOP. If the Bill is passed, it is sent to the President for signature. If the National Assembly rejects the Bill, or if the NCOP rejects amendments to the Bill, it is referred to mediation, as above.

Provincial Weeks

The NCOP introduced a period in the parliamentary calendar which sets aside certain weeks for Members to visit their respective provinces to conduct briefings on Bills that will require provincial mandates, and to carry out oversight work where issues affecting the province can be raised and the national perspective put forward.

Taking Parliament to the People

The NCOP initiated a programme called Taking Parliament to the People in 2002. Each province takes a turn to host the NCOP and a programme is developed to include meetings with various sectors of the public, e.g. farmers and business people. Site visits are conducted to various community structures, e.g. schools, clinics, etc. In addition, a formal sitting of the NCOP is held on the final day of the programme when the President gives an address to the House.

Conclusion

The processes and the programmes of the NCOP as described above are comprehensively coordinated and facilitated by the NCOP Administration Unit.

This support includes all travel arrangements for special delegates and permanent delegates, where necessary, when attending meetings, plenaries, provincial weeks and Taking Parliament to the People initiatives. Staff members also ensure that copies of Bills, briefing documents, minutes and programmes of the NCOP’s select committees and any amendments to Bills are relayed to the Speaker, Whips, chairpersons of portfolio committees and all other stakeholders as the process of the cycle unfolds.

Staff members also ensure that the province’s negotiating and final voting mandates are drafted correctly and in accordance with the requirements of the NCOP, and forwarded within the timeframes set by the select committee for consideration and for voting on in plenary.

Contact Information

NCOP Administration Office
Office A1-07
1st Floor: Administrative Building
244 Langalibalele Street
3200 Pietermaritzburg

Manager: Mrs Margaret Clinton-Parker
Email: clintonm@kznlegislature.gov.za
Telephone: 033 3557745
Fax: 033 3557750


Committees

1. What are Committees?

Committees are often called the “engine rooms’ of Parliaments and Legislatures. This is because they are the structures in which the bulk of parliamentary or legislative business is taken care of. Parliament/Legislatures would never be able to function properly if all deliberations and oversight work were to be conducted in the House as a first instance, as there are too many issues to be discussed by too many people. It is therefore necessary for public representatives to form smaller and more manageable groups where they can seriously deliberate on legislation, service delivery performance, budget performance and related matters.

As the most superior provincial legislative body in the Province of KwaZulu-Natal, the KZN Legislature may choose to refer or commit some of its business – proposed legislation, budget estimates, special investigations, et cetera – to a more versatile and practical forum to thoroughly deal with it. In this regard public hearings, which are conducted by committees, provide an important opportunity for interest groups, individuals and organisations to express their opinions and to participate in formulating public policy. At the end of their deliberations, committee members report their findings and recommendations to the House for its consideration and/or approval.

2. Types of Committees

There are mainly four types of committees, namely:

• Standing committees
• Portfolio committees
• Ad hoc committees
• Committees on internal arrangements

* Kindly refer to Standing Rule 122 and Standing Rules 148 to 171 of the Standing Rules of the KZN Legislature for more information on Committees.

2.1 Standing Committees

Standing committees do not have a corresponding portfolio (government department) over which they perform oversight. They deal mainly with cross-cutting matters, and the following committees fit into this category, inter alia:

• The Standing Committee on Public Accounts
• The Standing Committee on Private Members’ Legislative Proposals and Petitions
• The Standing Committee on the Quality of Life and Status of Women, Children, Youth and Disabled Persons

2.2 Portfolio Committees

Portfolio committees perform oversight over their respective departments (portfolios). For example, the Portfolio Committee on Education performs oversight over the functioning of the Department of Education; the Portfolio Committee on Sport and Recreation performs oversight over the functioning of the Department of Sport and Recreation, and so on.

These committees deal with departmental policy, Bills emanating from those departments and public hearings pertaining to Bills which had been initiated by these departments. Furthermore, committees have to scrutinise departmental budgets, expenditure and service-delivery performance in order to ensure that the lives of the citizens of the province are improved.

2.3 Ad Hoc Committees

Ad hoc committees, unlike portfolio committees which last for the duration of the Legislature, are established to deal with specific issues. Once those issues have been dealt with and finalised, ad hoc committees are disestablished or dissolved.

Any committee of the Legislature is empowered to establish its own sub-committee/s.

2.4 Management Committees

The following is an overview of the political management committees of the KZN Legislature:
Management Committee on Rules Speaker
Management Committee on Programming Speaker
Committee of Chairpersons Chairperson of Committees
Whips’ Forum Chief Whip of the Legislature
Standing Committee on Discipline Deputy Speaker
Lexco Speaker
Stacov * Members elect chairperson from one of the committee members

2.4.1 Management Committee on Rules

In terms of the Standing Rules of the KZN Legislature, the Management Committee on Rules must be appointed with the Speaker as chairperson. If the Speaker is unable to be present at a meeting, the Deputy Speaker shall act as the chairperson at that meeting.

The function of the committee is to compile a set of Standing Rules to govern proceedings of the Legislature. The committee must from time to time review and possibly revise those Standing Rules, where necessary. Thereafter the committee has to report back to the House. Members have the opportunity of discussing and formally adopting these Standing Rules. Subsequent changes to the Standing Rules are also dealt with by this committee. The committee considers questions relating to the Standing Rules, practices and procedures of the House, as well as matters relating to staff members which are submitted by the Speaker. It also falls within the competence of this committee to deal with legislation relating to the powers and privileges of members of the Legislature, as well as the functioning and powers of standing committees.

* Kindly refer to Standing Rules 148 to 151 of the Standing Rules of the KZN Legislature for more information on the Management Committee on Rules.

2.4.2 Management Committee on Programming

This committee, also chaired by the Speaker, is responsible for ensuring that there is a programme for the Legislature. This includes dates of committee meetings, dates of legislature sittings, dates of sector parliaments, workshops, members’ training courses, et cetera.

The Speaker, as the Chairperson of the Management Committee on Programming, authorises special requests for extra slots or visits that the committees may request from time to time.

* Kindly refer to Standing Rules 152 to 155 of the Standing Rules of the KZN Legislature for more information on the Programme Committee.

2.4.3 Committee of Chairpersons

This committee comprises chairpersons of all committees, except management committees. It is chaired by the Chairperson of Committees. Its purpose is to ensure that the chairpersons of portfolio and standing committees are performing their functions. Part of the duties of the committee is to ensure that systems allowing for proper oversight works are put in place. The Committee of Chairpersons must also develop a five-year international study tour programme to be adopted by the Management Committee on Programming.

* Kindly refer to Standing Rules 162 to 165 of the Standing Rules of the KZN Legislature for more information on the Committee of Chairperson.

2.4.4 Whips’ Forum

The Whips’ Forum is responsible for drafting the programmes of Legislature sittings. This information is contained in the Order Paper. The Chief Whip consults with Whips from other parties and draws up a programme. Issues regarding Members’ welfare and empowerment can be raised with this structure and will be referred to the relevant committees for decision.

The Management Committee on Programming has the ultimate authority over the programme of the Legislature.

* Kindly refer to 166 to 171 of the Standing Rules of the KZN Legislature for more information on the Office of the Chief Whip and the Whips’ Forum.

2.4.5 Standing Committee on Discipline

The Standing Rules provide for the establishment of a Standing Committee on Discipline consisting of the Deputy Speaker, who shall be the ex officio chairperson of the committee; the Chairperson of Committees, the Chief Whip of the Legislature and seven other Whips, as per the proportional representation of parties in the House.

At the request of the Speaker, the committee shall investigate and advise him/her on alleged infringements by Members of the Legislature which do not involve the privileges or proceedings of the House, the Legislature or a committee of the House. Having received information on any such alleged infringements, the Speaker requests the Standing Committee on Discipline to investigate the matter and report back. The committee then proceeds to set up meetings to hear evidence from the various parties involved. Once this process has been completed, the committee drafts a report which it presents to the Speaker.

3. Powers of Committees

Committees exercise those powers which the Constitution of the RSA, 1996, Act No 108 of 1996, or the Standing Rules of the KZN Legislature assign to the Legislature or to them expressly. The following sections in the Constitution are of particular relevance to the functioning of committees:

Section 114 provides for the following:

• powers to consider, pass, amend or reject a Bill
• powers to initiate legislation, excluding money Bills
• openness of proceedings and the facilitation of public involvement, as well as ensuring that all provincial executive organs of state are accountable to the Legislature;

Section 115 empowers committees to summon any person to appear before them in order to give information or to provide documentation;

Section 117 ensures freedom of speech to Members in that they cannot be prosecuted or sued for anything they say during committee meetings. This is called “parliamentary privilege”. (Please note: This does not give a Member the right to say things which he/she knows not to be true, as the Standing Rules do not allow for any Member to deliberately mislead the Legislature), and

Section 118 calls on the Legislature to facilitate public involvement and for openness of proceedings.

From the above, it should be clear that committees are generally held for the following purposes:

• To oversee the implementation of government policies and procedures
• To oversee and monitor financial expenditure and service delivery by government departments and state funded entities
• To ensure the smooth functioning of the House (Management Committee on Rules, Standing Committee on Discipline, Whips’ Forum, et cetera)
• To examine specific areas of public life or matters of current public interest
• To consider legislation, including private Members’ proposals

4. Specific Functions of Committees

In the previous term (4th term or Fourth Legislature) committees were “clustered” in such a way that membership of existing committee clusters never overlaps. The clusters are as follows:

Governance Cluster

Finance Standing Committee on Public Accounts Premier and Royal Household Co-operative Governance and Traditional Affairs Public Works Human Settlements Economic Development and Tourism Community Safety and Liaison Transport

Social Support Cluster

Agriculture and Environmental Affairs Arts and Culture Sport and Recreation Quality of Life and Status of Women, Children, Youth, People with Disabilities and the Senior Citizens Social Development Health Education Private Members’ Legislative Proposals, Public Participation and Petitions

In pursuance of the duties imposed on them by the Legislature, committees should –

• Meet once a month to consider the budget, expenditure patterns and general service delivery of the department over which they perform oversight;
• Call the MEC and accounting officer of the department to account on expenditure and any actions or inactions by the department;
• Establish sub-committees to expedite certain matters which the full committee cannot adequately deal with in a meeting;
• Undertake in situ inspections of various departmental projects;
• Monitor expenditure trends to ascertain whether they are in line with the strategic plan of the department (This would require that the expenditure report is weighed against the service-delivery improvement programmes);
• Monitor the implementation of any Bills that have been passed;
• Consider the annual report of the department in comparison with the Auditor-General’s part of the report;
• Follow up on any matters which the Standing Committee on Public Accounts may refer to it;
• Follow up on all issues arising out of the budget hearings;
• Follow up on issues arising out of sector parliaments that have a bearing on the functions of such portfolio committee, and
• Follow up on issues raised by the public during public interactions.

4.1 Instruments for Oversight

Whilst the Sector Oversight Model (SOM) represents the paradigm within which oversight work is performed, the following documents are some of the documents that provide crucial information:

• The Constitution of the Republic of South Africa
• The President’s State of the Nation address (national priorities)
• The Premier’s State of the Province address (provincial priorities)
• Legislative mandate of a department (Acts administered by a department)
• Strategic plan of a department (departmental priorities)
• Annual Performance Plan of a department
• Departmental budget (Budget Statement and Appropriation Act)
• Public Finance Management Act (PFMA)

5. Function of the Office of the Chairperson of Committees

The Office of the Chairperson of Committees comprises both the Chairperson of Committees and the Deputy Chairperson of Committees. This is a political office in charge of the political machinery of the committees of the Legislature.

* Kindly refer to Rule 15 of the Standing Rules of the KZN Legislature for more information on the election of the Chairperson and Deputy Chairperson of Committees.

5.1 Role and Functions of Chairperson and Deputy Chairperson of Committees

Standing Rules 16 and 17 of the Standing Rules of the KZN Legislature set out the role and functions of the Chairperson and Deputy Chairperson of Committees as follows:

16. Role and functions of Chairperson of Committees

The Chairperson of Committees –
(a) is the chairperson of the Committee of Chairpersons established under Rule 162;

(b) must –
(i) co-ordinate the activities of committees and the scheduling of committee meetings;

(ii) ensure that –
(aa) business plans for all portfolio and standing committees are adopted and implemented;
(bb) budgets are compiled for all committees; and
(cc) NCOP business is dealt with speedily and according to time frames;

(iii) provide guidance and advice to chairpersons of portfolio and standing committees pertaining to the Standing Rules and to procedures and functions;

(iv) facilitate capacity building of chairpersons and committee members;

(v) ensure that committees –
(aa) function effectively; and
(bb) are provided with effective infrastructural and administrative support systems;

(vi) monitor and report on the performance of the parliamentary liaison officers; and

(vii) preside over the House in the absence of the Speaker and the Deputy Speaker and over meetings of the House in Committee.

17. Role and function of Deputy Chairperson of Committees

The Deputy Chairperson of Committees must –

(a) assist the Chairperson of Committees in the performance of his or her functions;
(b) preside over the House whenever necessary;
(c) act as the Chairperson of Committees when he or she is absent or unable to perform his or her functions and when the position of the Chairperson of Committees is vacant; and
(d) perform such functions and tasks as may be assigned to him or her by resolution of the House.

5.2 The Office of the Chairperson of Committees performs the following functions:

5.2 Chamber

In the absence of the Speaker and Deputy Speaker, the Chairperson of Committees presides over the sittings of the Legislature;

The Chairperson of Committees also presides over the Committee of the House (Committee of Supply) which considers the budget allocation before it is passed by the Legislature.

5.2.1 Programme

The day-to-day activities of the Chairperson of Committees are to co-ordinate activities of committees (oversight meetings, strategic oversight interventions, planning and implementation of committee plans, et cetera).

In line with the programming functions, the Chairperson of Committees has to attend meetings in Cape Town where all provincial programmes are dealt with and aligned with the national parliamentary programme.

5.2.2 Oversight

The Office of the Chairperson of Committees plays an oversight role over the performance of all chairpersons of committees, the performance of committees and the performance of parliamentary liaison officers. This includes capacity building, guidance and advice to chairpersons and committees of the Legislature.

The Chairperson of Committees is also the chairperson of the Committee of Chairpersons.

The Office of the Chairperson of Committees, through specific functions assigned to it, plays a central role in terms of public participation. Reports are processed through the Legislature and the Executive Council. This office is responsible for co-ordinating feedback sessions with members of the public.

6. How do Citizens play a Role in Committees?

The committees of the Legislature are obliged by the Constitution of the RSA to hold their meetings in an open and transparent manner (See section 118). As such, all committee meetings are open to the public. However, this does not mean that a member of the public can interject during meetings and make his/her input. There is a process which needs to be followed in order for public inputs to be heard. Where a member of the public wishes to raise an issue of concern with a committee of the Legislature, the member in question would either have to contact the chairperson of the relevant committee directly, or work through the committee secretary and, in writing, indicate a request to make an input. The chairperson would make a decision or would consult and then place the matter on the agenda.

The member of the public would then be advised of the decision to allow him/her to address the committee. Each committee has a committee secretary or committee co-ordinator assigned to it to lend secretarial and/or logistical support.

Other methods of participation in committee activities are as follows:

• Writing to the committee and making a written representation;
• Making oral inputs on Bills during public hearings, or
• Making use of the radio programme Ukhozi FM to interact with the chairperson during a phone-in opportunity.

7. Reporting Responsibilities of Committees

Committees, by their very nature, are sub-committees of the Legislature. They exist to serve the interests of the Legislature and whatever work they undertake is on behalf of the Legislature.

It is for that reason that the Standing Rules require committees to report on their activities. Committee members are also expected to report on:

• Activities attended on behalf of the committee, and
• Issues that may have been brought to a Member and which fall within the ambit of a specific committee.

8. Multi-party Oversight Delegation Programme

There is a programme which is part of the Legislature’s Taking the Legislature to the People initiative and which is run by the Chairperson of Committees. This programme gives citizens of the province an opportunity to voice their concerns regarding service delivery issues with the Legislature and MECs then have to respond to those issues.

8.1 Taking the Legislature to the People – Multi-party Oversight Committee

Section 118 of the Constitution of the RSA calls on provincial Legislatures to facilitate public involvement in legislative and other processes of Legislatures and their committees. It further calls on Legislatures to conduct their business in an open manner, and to hold their sittings and those of their committees in public.

In line with the above mandate, the KwaZulu-Natal Legislature adopted a programme which would enable the Legislature to extend its sittings to local areas in order to facilitate access by the citizens of the province to the Legislature.

8.1.1 Recipient Municipal District

The Legislature designates a district as its destination of choice for any of the Taking the Legislature to the People initiatives which are scheduled to take place twice a year. These initiatives are aimed at ensuring that citizens of the province are able to interact directly with their elected representatives, as well as exposing citizens to the processes of the Legislature.

8.1.2 Involvement of Legislature Committees

The effectiveness of this initiative lies in holding these activities in areas where the people live. As a policy directive, this initiative is always preceded by the multi-party committee or any officially appointed structure of the Legislature which comprises representatives from various portfolio committees and all parties represented in the Legislature.

8.1.3 Jurisdiction

The committee or delegation, comprising members from all political parties represented in the Legislature and led by the Chairperson of Committees, mainly gives the communities an opportunity to address Members on socio-economic or socio-political issues which fall within the service-delivery areas of national, provincial or local government or any public institution or parastatal.

This is an opportunity where members of the public get to speak and where politicians get to listen. From there the Legislature will follow up on any service delivery issue which is meant to be undertaken by any sphere of government. Departments, the Legislature, municipalities, parastatals and public entities are not allowed to speak on issues of service delivery at this point, and for one simple reason: This is the stage where members of the public get to call on all of these structures to review their effectiveness and assist them (the structures) by alerting them to investigate areas where they may need to prioritise their budgets for the ensuing or future financial year. However, when the sitting of the Legislature takes place, MECs are given an opportunity to report on their service-delivery plans or indicate the direction which they will take in reaction to the issues raised by the public.

8.1.4 Plan for the District

A specified number of days are set aside in the Legislature’s calendar for cluster visits to certain areas within an identified district. During these days all local municipalities falling within that district or, alternatively, priority areas for that district are visited.

8.1.5 Role of District Municipalities

In recognition of the constitutional obligation placed on the three spheres of government to function in a co-operative manner, the Legislature’s administrative team will typically meet with the district municipality (comprising representation of all local municipalities within that particular district) to brief them on how the process will unfold, secure the buy-in by district and local municipalities, and invite them to be part of the public meetings. Among the areas of co-operation requested from the district and local municipalities are:

i) The identification of any additional venue or inputs on venues that can be used for these meetings in each area. (The Legislature also takes into consideration the requests from members of the public for committees to visit them when identifying the venues);

ii) Correspondence alerting local leadership structures, e.g. councilors and amakhosi, of the pending visit and its purpose, as outlined in the concept document;

iii) The use of local structures to ensure public awareness of the initiative as a supplement to the publicity programme of the Legislature;

iv) Availing services of some municipal staff members to work closely with the team from the Legislature during these meetings, and

v) The provision of a list of local service providers in each area who will be in a position to provide, inter alia, the following services:
a. Catering
b. Sound system
c. Transport
d. Marquee

The purpose behind the municipality submitting a list of service providers is for the Legislature to contribute to the economic activity of the area in line with its BEE and procurement policies. However, the Legislature is guided in its appointment of service providers by whether those service providers have been registered in the provincial or Legislature’s database of service providers.

8.2 Findings Three days after the last public meeting, at the very latest, all the findings of the public interaction sessions are compiled in a report which is circulated to municipalities, MECs and the Legislature.

9. International Study Tours

This programme is governed by the Legislature’s policy on study tours. Its main aim is to ensure that there is an exchange of information and experiences between Members of Legislatures and their counterparts in other countries. It is informed by learning opportunities and the Research, Information and Library Services Unit of the Legislature undertakes research to ensure that a recommended country can offer something to the Legislature by way of information-sharing purposes, possibly something which can be implemented by the province. According to this policy, each committee is entitled to one study tour during a five-year term. There are conditions attached to this policy which deal with the suitability of a Member to participate in a committee study tour. These include, inter alia, the regular attendance of committee meetings and membership to the committee.

During the previous term, a number of countries were visited, not only by committees, but also by Members of the Executive Council of KwaZulu-Natal, committees from the other eight provincial Legislatures and national Parliament, as well as the members of Cabinet and members of the Executive Councils from other provinces. Committees are encouraged to influence joint study tours with their counterparts in other Legislatures, as this would facilitate information sharing among various legislatures.

Contact Information

Directorate of Committees
Office 1A-04
1st Floor: Administration Building
244 Langalibalele Street
3201 Pietermaritzburg
Manager: Mr Zethembiso Nzuza
Email: nzuzanz@kznlegislature.gov.za
Office: 033 3557707
Fax: 033 3557681

List of Committees, Contact Persons and Contact Information

GOVERNANCE CLUSTER
Public Committee on Finance Z Cele 3557098
Public Committee on Economic Development and Tourism N Dimba 3557081
Standing Committee on Public Accounts B Goniwe 3557624
Portfolio Committee on the Premier and Royal Household N F Madide 3557746
Portfolio Committee on Co-operative Governance and Traditional Affairs Z Molefe 3557467
Portfolio Committee on Public Works N Gasa 3557034
Portfolio Committee on Human Settlements S Sibisi 3557718
Public Committee on Community Safety and Liaison G Dube 3557446
Public Committee on Transport L Dube 3557010
Standing Committee on Discipline S Engelbrecht 3557071

SOCIAL SUPPORT CLUSTER
Portfolio Committee on Arts and Culture M Madondo 3557608
Portfolio Committee on Sport and Recreation X C Ntsele 3557678
Standing Committee on the Quality of Life and Status of Women, Children, Youth, People with Disabilities and the Senior Citizens N P Sikhakhane 3557719
Portfolio Committee on Social Development N Mazibuko 3557651
Portfolio Committee on Health G Reddy 3557575
Portfolio Committee on Agriculture K Dlamini 3557582
Portfolio Committee on Environmental Affairs T Magwaza 3557048
Portfolio Committee on Education K P Mkhwanazi 3557581
Standing Committee on Private Members’ Legislative Proposals, Public Participation and Petitions S Hlatshwako 3557537

MANAGEMENT COMMITTEES
Management Committee on Rules L Zondi 3557478
Management Committee on Programming S Mkhwanazi 3557466
Whips’ Forum P S Tembe 3557659
Committee of Chairpersons D Ngubane 3557555


Constitutional and Legislative Legal Services (Legal Services)

Introduction

Legal Services consists of a team of legal advisors who render expert legal advice to the KZN Legislature.

The core functions of the unit are: • To provide legal advice and support services to the Office of the Speaker, the Office of the Secretary, all office bearers, all committees of the Legislature (including management, portfolio and standing committees) and other units within the Legislature; and • To render legislative drafting services.

The purpose of the unit is to support and enable the Legislature and its components to comply with their constitutional and other legal obligations, more particularly to maintain oversight of the exercise of provincial executive authority and provincial organs of state, to hold provincial executive organs of state accountable to it and to exercise its legislative authority (law-making).

In addition, the Legislature – as an organ of state – must ensure compliance with all relevant legislation and the law in general in its day-to-day operations. The Legal Services Unit renders assistance and legal advice in this regard, which includes advice on compliance with the regulatory statutory framework and the drafting, vetting and interpretation of contracts and policies. The unit assists in the management and conducting of litigation by and against the Legislature. The unit also assists the Legislature, where required, in fulfilling its duties under the Public Access to Information Act (Paia); and the Secretary in fulfilling his/her role as the information officer in terms of the Act.

The proceedings and procedures of the Legislature are determined by a set of Standing Rules. The unit assists the Management Committee on Rules in the drafting of the Standing Rules and also provides advice to the Speaker and various office bearers, including chairpersons of committees, committees, Members and staff on the interpretation and implementation of the Standing Rules. This includes advice to the Speaker on making rulings in the House and advice to chairpersons of committees on processes to be followed during committee meetings.

The unit assists the Chief Whip of the Legislature in drafting motions or resolutions for tabling in and adoption by the House. Since the programme of the Legislature and the business of the House on the Order Paper are determined by the Management Committee on Programming and the Whips’ Forum, respectively, the unit also assists with procedural and legal advice in that regard.

Policies concerning Members’ benefits, facilities or support are also developed and considered by the Whips’ Forum and the Legislature Executive Committee (Lexco) and this may require legal advice and assistance from time to time.

The Committee on Oversight (Stacov) maintains oversight of the financial management of the Legislature. Legal Services assists this committee in fulfilling its mandate and provides legal advice and support, where required.

In terms of the Standing Rules, Members of the Legislature are required to annually make disclosure of their registrable interests in a format approved by the Standing Committee on Discipline. The Secretary, who is also the Registrar of Members’ Interests, must ensure compliance. Legal Services assists the Secretary in his/her capacity as Registrar.

The Standing Committee on Discipline, chaired by the Deputy Speaker, is responsible for the implementation of the Code of Conduct for Members, to investigate matters of a disciplinary nature against Members and to make findings and recommendations on disciplinary action to be taken. Legal Services assists the committee in conducting its work in this regard.

In terms of the Constitution of the RSA, the Legislature is required to facilitate public involvement in its legislative and other processes. Typically this takes the form of public educational workshops or briefings and public hearings to obtain public submissions and input on Bills being processed by the Legislature. The unit assists with these activities and will analyse and consolidate public submissions for consideration by the relevant committee with a view to possibly amending Bills before it. Once a committee has agreed to amend a Bill, a legal advisor will draft the amendments, as well as the relevant committee report accompanying the Bill to be tabled in the House for debate. The legal advisor is also required to advise committees on the constitutionality and legality of legislative provisions in general, including proposed amendments.

In terms of the Standing Rules, a committee or a Member in his/her private capacity may also introduce a Bill in the House, and not only a member of the executive. Legal Services may be required to assist in the drafting of a committee or a private Members’ Bill.

With regard to law-making, the Legislature is not only vested with provincial legislative authority, but is also required to consider and vote on any national legislation affecting provinces or Bills amending the Constitution of the RSA, through the National Council of Provinces. The Legislature may propose amendments to such Bills by way of a negotiating mandate. A legal advisor will assist the relevant committee in processing such Bills and in the conferral of negotiating and final mandates, including the drafting of proposed amendments and in advising the committee in general on the legality of the legislative provisions and the proposed amendments. Ordinarily such Bills are also subject to a process of public hearings and the taking down and consideration of public submissions. A legal advisor will also assist the committee in this regard.

With regard to conducting oversight of the provincial executive authority, this is carried out by portfolio committees and the Standing Committee on Public Accounts (Scopa). Legal Services assists these committees in performing their functions in this regard and provides legal advice pertaining to matters arising from their deliberations.

Legal Services also assists in the drafting or vetting of committee reports and resolutions for tabling and debating in the House.

Finally, Legal Services assists in capacity building of Members and conducts training on the Standing Rules of the KZN Legislature and other relevant legislation or processes, where required.

Contact Information

Constitutional and Legislative Legal Services Unit
2nd Floor: Administrative Building
244 Langalibalele Street
3200 Pietermaritzburg

Acting Manager: Mr Raneer Sukraj
Email: sukrajr@kznlegislature.gov.za
Office: 033 3557716
Fax: 033 3557586
Mobile: 083 6278070


Hansard and Language Services

A Brief History of Hansard

Hansard is the official report of all proceedings which take place inside the parliamentary or legislative Chamber. Its origins date back to the 18th century when transcripts of debates in the British parliament began to appear in print.

At first the publication of any transcripts of parliamentary proceedings was deemed to be illegal, and it was only in 1771, after a long and protracted court battle, that it became legal for parliamentary debates to be transcribed and made public. Until then all parliamentary sittings were strictly held in private, and members of the public were not even allowed to enter the so-called “public gallery” while sittings were in progress.

The name “Hansard” was derived from the family name of Luke Hansard and his son Thomas Curson Hansard who were the government printers in the service of the British parliament. During the 60 years of the Hansard family’s publication of parliamentary debates, the name “Hansard” became synonymous with the printed debates. Some Commonwealth parliaments have deviated from this tradition, and simply call transcripts of parliamentary debates the “Official Report.”

The history of Hansard in South Africa dates back to 1910 when parliamentary debates of the then Union of South Africa were published in leather-bound volumes. In 2010 the South African Hansard celebrated its 100th anniversary.

The HLS Unit in the KZN Legislature was established in October 2005 and consists of 14 staff members, excluding vacancies which are in the process of being filled. Prior to the establishment of an in-house Hansard and Language Services Unit, the transcription of debates was outsourced to a private company. When the HLS Unit was established, the Legislature discontinued its analogue system and replaced it with a digital recording system called For the Record.

How does Hansard work?

The HLS Unit’s primary function is to report the proceedings of the House. Every sitting of the House is recorded and Members’ speeches, interjections, points of order, as well as announcements and/or rulings by the Presiding Officer are transcribed, edited and made available in printed form.

During sittings of the House, Members will be approached by service officers who will request them to make available copies of their speech notes. These notes greatly assist transcribers who must ensure that speeches are correctly transcribed. Members are encouraged to send electronic copies of their speeches or reports to the Hansard Control Editors (see details below), and any embargo on such material will be respected.

Mr Buyani Mdluli
Control Editor (isiZulu)
mdlulib@kznlegislature.gov.za
Office: 033 3557545
Fax: 033 355 7588 or 086 573 2361

Mr Allan Parrott
Control Editor (English)
parrott@kznlegislature.gov.za
Office: 033 3557571
Fax: 033 355 7588 or 086 573 1664

Electronic copies of Hansard debates will be made available to Members on compact discs (CDs) as soon as they are available. Members are requested to ensure that their correct mailing details are provided to Mrs Nomusa Gina (Tel 033 3557667).

The HLS Unit records all off-site sittings of the KZN Legislature, as well as the proceedings of the Youth Parliament, Workers’ Parliament, Women’s Parliament, Parliament for People with Disabilities, Senior Citizens’ Parliament, Learners’ Parliament, People’s Assembly, Inter-faith Symposia, et cetera. The unit also records proceedings of the Standing Committee on Public Accounts (Scopa); the Portfolio Committee on Finance and all public hearings on Bills.

Hansard has no editorial policy, except the pursuit of excellence and accuracy. The unit is not hampered by conceptions of news value, and has no bias towards either person or political party. Its objective is to provide an impartial, accurate and a largely verbatim report of the proceedings of the KwaZulu-Natal Legislature.

Language Services

The three official languages of the KwaZulu-Natal Legislature are isiZulu, English and Afrikaans and Members may deliver speeches in any of these three languages.

Apart from recording, editing, proofreading and publishing the debates of the House, the unit also renders translation and interpreting services to the Legislature. The unit also edits and proofreads the KZN Legislature’s Annual Report, Annual Operational Plans, Annual Performance Plans, as well as any official publication that may be referred to it.

Translating

Bills, explanatory memoranda, schedules and other official documents such as petitions are regularly translated by the Hansard and Language Services Unit.

Interpreting

Interpreting is provided during sittings of the House, off-site sittings of the KZN Legislature, sector parliaments, committee meetings (on request), pre-hearings on Bills, public hearings on Bills and any educational workshops pertaining to legislation.

It should be noted that the HLS Unit provides simultaneous interpreting mainly in two languages (isiZulu and English) during sittings of the House, as well as consecutive interpreting during committee meetings and public hearings. Members are urged to use the language of their choice during sittings. Members are issued with headphones to enable them to follow interpreting during proceedings of the House.

Affiliations

The HLS Unit of the KwaZulu-Natal Legislature forms part of the Commonwealth Hansard Editors’ Association (Africa Region), as well as the international Commonwealth Hansard Editors’ Association (Chea). To date the unit has represented the KZN Legislature at various meetings and conferences held in South Africa, as well as Tanzania, Uganda, the United Kingdom, India, Trinidad and Tobago.

Hansard editors are also involved in national and provincial structures of the Pan South African Language Board (PanSALB), the Department of Arts and Culture and tertiary institutions offering language training.

Conclusion Without the HLS Unit, there would be no record of our history as a people, as a province or as a nation. Thanks to the work done by the dedicated staff of this unit, Members’ speeches and comments, their perspectives and perceptions, their thoughts and their ideals are captured for posterity and will be read by scholars, intellectuals, sociologists, historians and other learned men and women in years and decades to come.

Contact Information

Hansard and Language Services Unit
Office 1C-05
1st floor: Administration Building
244 Langalibalele Street
3200 Pietermaritzburg

Manager: Ms Jacqueline Stone
Hansard & Language Services (English)
Email: stonej@kznlegislature.gov.za
Office: 033 3557557
Fax: 033 3557588 or 086 573 2973

Manager: Mr Mqondisi Ngcobo
Hansard & Language Services Manager (isiZulu)
Email: ngcobom@kznlegislature.gov.za
Office: 033 3557552
Fax: 033 3557588 or 086 573 4462


Office of the Chief Whip

Introduction

The Office of the Chief Whip was established to give administrative support to political office bearers, i.e. the Chief Whip of the Legislature, as well as Whips of other political parties represented in the KZN Legislature, and to provide a link between the Executive Council and the KZN Legislature through the Office of the Leader of Government Business.

In support of the Legislature vision of being a people-centered, activist Legislature which seeks to deepen democracy and activism in KwaZulu-Natal through robust oversight, effective public participation and efficient law-making; the Office of the Chief Whip drafts and ensures the implementation of the Legislature’s programme of sittings.

The Office of the Chief Whip is also responsible for constituency and outreach programmes which aim to intensify robust oversight and effective public participation.

By co-ordinating briefings to the Legislature, the Office of the Chief Whip also ensures interaction between various Chapter 9 institutions, such as the Office of the Public Protector, the Office of the Auditor-General, the Public Service Commission, the Independent Electoral Commission, et cetera.

Whips of the KZN Legislature are represented in the Whips’ Forum which was established in terms of Standing Rule 166 of the Standing Rules of the KZN Legislature.

Composition of the Whips’ Forum

The Whips’ Forum consists of the Chief Whip of the Legislature and all other Whips of the Legislature.

Rule 127 concerning alternates does not apply to this committee where:

(1) A party may appoint three alternate members for each committee: Provided that minority parties are collectively entitled to three alternates for each committee.
(2) An alternate acts as a member when the member for which the alternate was appointed —
(a) is absent; or
(b) has vacated office, until the vacancy is filled.

Chairperson of the Whips’ Forum
(1) The Chief Whip of the Legislature is the Chairperson of the Whips’ Forum.
(2) If the Chief Whip is not available, the Deputy Chief Whip of the ruling party performs the functions of the Chief Whip.

Whips Forum Meetings
(1) The Chief Whip may call a meeting of the Whips’ Forum on his/her own initiative or upon request by another member of the forum, but must call a meeting if the Speaker so requests.
(2) The Whips’ Forum meets in closed session, unless it decides otherwise.

Functions and Powers of the Whips’ Forum

The Whips’ Forum acts as a platform –
(a) for the discussion and co-ordination of matters for which the Whips are responsible; and
(b) which the Speaker may consult when appropriate.

Role of Chief Whip of the Legislature

The Chief Whip –
(a) must, after consultation with the other Whips, arrange the business of the Legislature on the Order Paper, subject to the Standing Rules and the directives of the Management Committee on Programming and, after consultation with the Leader of Government Business, when any government business is prioritised;
(b) is responsible for political consultation and liaison among the parties in the Legislature;
(c) must ensure the effective development and implementation of the legislative programme;
(d) is responsible for liaison with the Executive Council, through the Leader of Government Business;
(e) must arrange the number and order of Members who wish to speak in debate and, in consultation with other Whips, arrange for the approximate duration of each debate and divide the total time available among the respective parties: Provided that all parties represented in the Legislature have an opportunity to participate in proceedings in a manner consistent with democracy;
(f) is responsible for the overall co-ordination of all Whippery activities;
(g) must establish and maintain good working relations with the Whips of other parties on the basis of mutual trust; and
(h) must, in consultation with the Speaker and after consultation with the other Whips, allocate seating places to Members in the Chamber.

Contact details

Office of the Chief Whip (Administration)
Office 5
Post Office Building
240 Langalibalele Street
3200 Pietermaritzburg

Manager: Mrs Sindisiwe Tembe
Email: tembes@kznlegislature.gov.za
Mobile: 082 802 6841
Office: 033 355 7659
Fax: 033 355 7768


Legislative Operations

(Proceedings)

Introduction

The Directorate: Legislative Operations deals with all administrative and operational issues relating to sittings of the KZN Legislature, be they formal sittings in the Chamber; off-site sittings (sittings not inside the precincts of the Legislature), such as Taking the Legislature to the People (TLTP) initiatives; or sittings of sector parliaments (Workers’ Parliament, Youth Parliament, Women’s Parliament, et cetera). With regard to the latter, this directorate provides training to delegates and ensures that they are familiar with the Standing Rules of the KZN Legislature, as well as procedures of the House.

Core Business of the Legislature

The Legislature’s core functions are:

• Law-making
• Oversight
• Public Participation (see Public Participation and Petitions elsewhere in this publication)

Staff members who are attached to this directorate ensure that all processes and procedures are adhered to when the Legislature discharges its core business.

Law-Making

Role of Departments

If a department identifies a need for legislation, it invites all stakeholders to make inputs and consults with them. A Bill is then drafted.

The draft Bill is translated into the three official languages of the KwaZulu-Natal Legislature, i.e. isiZulu, English and Afrikaans. A certificate by a sworn translator must accompany the draft Bill.

The draft Bill is submitted by a government department to the State Law Advisor who has to ascertain if the draft Bill complies with all constitutional provisions. If it does, the State Law Advisor issues a certificate of compliance.

The draft Bill is also submitted to Treasury for a certificate on financial implications.

Role of the Executive Council

The Office of the Leader of Government Business (LOGB) must ensure that the draft Bill complies with the Standing Rules of the KZN Legislature before it reaches the Executive Council.

The draft Bill is submitted to the Executive Council through the LOGB, together with an explanatory memorandum. The explanatory memorandum must also comply with the Standing Rules of the KZN Legislature.

The Executive Council either approves, rejects or redirects the Bill in the form of a resolution.

Role of the Legislature

Bills are submitted to the Office of the Speaker under the hand of the relevant MEC.

The Bill is published in the Government Gazette, and members of the public are given 21 days after the date of publication to respond. (This does not apply if a certificate of urgency is issued by the Speaker).

The Speaker refers the Bill to the relevant committee.

Copies of the Bill are distributed to Members.

Once the committee process is complete, the committee refers the Bill and the committee report to the House for purposes of debate.

Members of the House may propose further amendments to the Bill and, if this happens, the Bill is recommitted to the committee for consideration of all proposed amendments.

The committee reports back to the House, after which the Bill goes onto the Order Paper for consideration of the amendments agreed to by the committee.

A debate on all amendments takes place in the House. After the debate is concluded, a question is put to the House and the House then votes on the Bill.

If the Bill is passed, it goes to the Premier for assent (three copies).

Once the Premier signs the Bill, it automatically becomes an Act and should be published promptly. In any event, the Act must be published within 14 days after the Premier puts his signature to the Bill.

The Act takes effect on the day of publication or any other date determined under the Act.

One signed copy of the Act is sent to the Registrar of the Constitutional Court for safekeeping. One copy remains in the Office of the Premier and a third copy is kept by the KZN Legislature.

Oversight

Submission of Annual Reports by Departments

In order to ensure that annual reports from departments are submitted in time, the Legislature has had to devise and formulate some procedures around this process:

An annual report has to be submitted to Treasury by 31 August of each year.

An annual report should be tabled with the Office of the Speaker by 15 September of each year.

A minimum of 120 signed copies have to be submitted to the Legislature before the day of tabling through the Office of the Speaker. The person who is responsible for this is the Papers Clerk.

Copies of all documents for tabling are supplied to the Legislature at least two working days before a sitting day.

An MEC who fails to table a report and statements, referred to under sub-Rule (1), by 30 September must, in accordance with Section 65 (2) (a) of the Public Finance Management Act, 1999, Act No 1 of 1999, as amended, table a written explanation for this omission, setting our reasons for his/her failure to table a report and statements.

The relevant MEC or another MEC designated by him/her, must table the reports and statements under sub-Rule (1) in the House on the next sitting day after the delivery under sub-Rule (1).

Sittings of the House

Any material that is to be tabled should be channelled through the Papers Clerk. Departments should refrain from handing out reports or other printed material directly to the media.

Questions for Oral or Written Reply

Replies to Questions go through the Office of the Questions Co-ordinator. Replies to Questions must be submitted electronically.

The Register of Questions should be sent to the Leader of Government Business on a weekly basis.

Contact Information

Legislative Operations
Office 1A-18
1st Floor: Administration Building
244 Langalibalele Street
3200 Pietermaritzburg

Manager: Ms Nomkhosi Ndaba
Email: ndaban@kznlegislature.gov.za
Office: 033 3557711
Fax: 033 3557681


Research, Information and Library Services

Background

The Research, Information and Library Services (RILS) Unit of the KwaZulu-Natal Legislature was founded in 1997. Initially, it consisted of three permanent researchers and two researchers contracted to the KwaZulu-Natal Legislature who were paid by the European Union’s Legislature Support Programme. The permanent staff resigned and in 2001 the unit had been reduced to two contract researchers. This situation existed until 2004 when both researchers were appointed on a permanent basis. This was brought about by a change in leadership and vision, and in recognition of the fact that research was instrumental in improving the KZN Legislature’s oversight over the Executive Council.

At the same time, the pattern of research changed with proactive research being a key factor. After the Taking the Legislature to the People initiative became a regular feature in the Legislature’s programme, the value of research to the institution was realised and encouraged. Eleven additional research posts were created and the positions were filled. The expectations and functions of the RILS Unit were changing as the Legislature itself matured.

In order to maximise the oversight powers of the Legislature, researchers are assigned to portfolio committees. Their function is to provide research in order to assist committees to test reports given to them by various departments. Researchers check outputs claimed by departments. They engage in proactive research that is relevant to committees and which gives them [committees] independent knowledge that they may use to challenge departmental delivery.

The RILS Unit and Taking the Legislature to the People (TLTP)

The emphasis on what research is meant to be used for has changed dramatically. The RILS Unit prides itself on helping Members to exercise oversight and giving them the necessary knowledge that will allow them to fulfill their function, which is to ensure delivery to all citizens of KwaZulu-Natal, as well as improve the lives of all people who live in this province.

The RILS Unit has played a major role in multi-party delegation visits and the Taking the Legislature to the People programme. The RILS Unit introduced the idea of circulating questionnaires among all people who attend these programmes, as well as the idea of using the Statistical Programme for Social Sciences (SPSS) in the analysis of data. This has proved invaluable for oversight purposes, as well as bringing in an amount of R2,4 billion from national government for the relief of three districts in terms of the provision of water and electricity.

The unit continues with the collection and analyses of data in order to provide reports to committees through the Chairperson of Committees.

The RILS Unit and Sector Parliaments

Since 2005, the KZN Legislature has held seven sector parliaments (Women’s Parliament; Youth Parliament; Parliament for People with Disabilities; Senior Citizens’ Parliament and Workers’ Parliament) every year. Since then the Legislature has included a Learners’ Parliament and Inter-faith Symposium, as well. The role of the RILS Unit is to research any chosen subject, recompose facts to make them as current as possible, and assist participants who engage in these programmes. This is also true of the People’s Assembly, which is an initiative of the national Parliament and which allows researchers to further empower their clients.

The RILS Unit and Committees

The major role of committees is to exercise oversight over the Executive Council which it must hold to account. For a long time, the oversight function of committees was limited to information supplied to them by the very department they were overseeing.

The new methodologies adopted by the RILS Unit, namely to use its own researchers to check reports, to go out into the field and investigate articles in the press or complaints from individuals, as well as to analyse questionnaires emanating from the TLTP or any other research the RILS Unit is asked to perform, give far greater powers to committees.

The RILS Unit also generates its own projects to investigate social problems and attempts to solve them. The unit does intensive research on many issues that are crucial to the Legislature’s oversight function and produces comprehensive reports. These reports are either submitted to the Directorate: Committees and/or tabled in the House.

Another function of the RILS Unit is to identify countries which are suitable for study tours undertaken by portfolio or standing committees. Reports containing recommendations are sent to the Office of the Speaker. Researchers always accompany at least one study tour. When this happens, it is their duty to undertake research during the tour, give research assistance to the delegation and write the official report which has to be tabled in the House.

Learning and Teaching

The RILS Unit prides itself on keeping up with best practice and methodology within the sector. Staff members also regularly attend courses that are relevant to the Legislature. In this way, staff members are able to assist MPLs and office bearers whenever they are approached to do so. They also keep up to date with political issues and are available to answer questions or forward documents and speeches which are relevant to both MPLs and staff.

Another aspect of this unit’s work is to empower people to use resources, such as the internet and e-mail, independently. The unit has trained several university students in the coding of questionnaires and the use of the Statistical Programme for Social Sciences.

Profiles and Principles

All researchers adhere to professional principles pertaining to research and are committed to integrity, transparency and effectiveness in all their work. Once research has been submitted to the principal who had initially requested it, it is immediately circulated to all other parties.

All requests from Members are required to be submitted through the Chairperson of Committees to the Manager: Research, Information and Library Services Unit who will assign a researcher to the task. Requests for research which are not related to the Legislature are not accepted, nor are requests to conduct party-political research. The unit offers a service of the highest professional quality and integrity, and in accordance with the vision and mission statement of the KZN Legislature.

Information and Library Services

The KZN Legislature Library is situated in the old Law Society Building leased by the Legislature. It has a well-developed system of supplying information to Members, staff and scholars alike. It has an extensive collection of reference books, as well as a comprehensive sample of biographies, hagiographies and autobiographies of political newsmakers.

The Legislature Library also subscribes to a number of institutions online which can provide a wide variety of information. It also belongs to a network of libraries, and is therefore able to access most books on request. Please note that staff members are accustomed to the legislative milieu and are more than willing to assist Members. All Members are issued with library membership cards.

Contact Information

The Research, Information and Library Services Unit
Office 14
2nd Floor: Post Office Building
240 Langalibabele Street
3200 Pietermaritzburg

Acting Manager: Mr Zipho Phakathi
Email: phakathiz@kznlegislature.gov.za
Office: … 033 355 7070


Public Participation and Petitions

Introduction

The Public Participation and Petitions (PPP) Unit was established to comply with the constitutional imperative that a provincial legislature must facilitate public involvement in all its legislative and other processes. The framework which governs the PPP Unit draws from:

• The Constitution of the Republic of South Africa, in particular Section 118; Section 17 and Section 115(d)
• The KwaZulu-Natal Petitions Act, 2003, Act No 4 of 2003
• The Standing Rules of the KwaZulu-Natal Legislature

What is Public Participation?

Public participation is defined as the involvement of the public or communities in legislative processes, oversight, issues of governance affecting their lives (Acts, Bills and/or public hearings) and activities by the committees of a legislature.

Public participation is a political, voluntary and consultative process through which members of the public, directly or indirectly, share in the process of governance.

Public participation gives a face to the Legislature and familiarises Members of Provincial Legislatures (MPLs) to the public whom they have been mandated to represent.

Public participation gives members of the public an opportunity to express their views and be informed on government processes and programmes.

What are the Advantages of Public Participation?

• It promotes interaction between the public and legislators, thereby bridging the gap between public representatives and communities in the province.
• It provides a platform for the public to participate in and express their views on service delivery and issues affecting their lives.
• It educates the public on legislative processes and popularises legislatures and their functions.
• It provides a mechanism to generate feedback from the public on their experiences of service-delivery.
• It provides a platform for the public to participate in law-making processes (Bills) and oversight.
• It is a consultative process.
• It allows for access to information which the public would not normally be in possession of.
• It promotes transparency and accountability in governance.

Approach of KZN Legislature to Promoting Public Participation

The KZN Legislature, as a leading role player in promoting public participation, devised two constructs through which they approach public participation, namely:

• The Standing Committee on Private Members’ Legislative Proposals, Public Participation and Petitions to handle public involvement and petition issues, and
• The public participation strategy of the KZN Legislature.

Responsibilities of Standing Committee on Private Members’ Legislative Proposals, Public Participation and Petitions

The KZN Petitions Act requires the standing committee to take responsible steps from time to time to:

• Inform the citizens of KwaZulu-Natal of their rights in terms of the Act;
• Inform the citizens of the province of the physical address, postal address, electronic address or fax number through which petitions may be submitted;
• Exercise maximum accountability and transparency in the consideration of a petition;
• Where appropriate or if requested to do so by the petitioner, resolve a dispute, reverse and act or rectify an omission by means of mediation or negotiation;
• Lodge a complaint with the Public Protector, where appropriate, if the conduct of a person or body to whom a petition has been referred is unsatisfactory;
• Assume a supervisory role in respect of an administrative support service by issuing directives in respect of preliminary investigations;
• Conduct an impact assessment on the efficacy of the processes of public participation and petitions;
• Monitor the organising and managing of programmes and initiatives assigned to promote, advertise or popularise public participation and petitions, and
• Ensure that persons or categories of persons, previously disadvantaged by unfair discrimination, enjoy full participation in the processes of provincial governance.

Public Participation Strategy

The strategy of the Public Participation and Petitions Unit is based on the following pillars:

• Public education
• Public hearings
• Legislative excursions
• Petitions
• Co-operation with civil society organisations
• People’s Assemblies and/or sector parliaments
• Use of constituency offices

Key Role Players responsible for Public Participation
• Municipalities assist the Legislature with mobilising members of the public during sittings of sector parliaments;
• Civil society organisations form part of delegations at sector parliaments;
• NGOs provide the Legislature with participants during the People’s Assembly;
• Members of the public, including schools, churches and tertiary institutions, all take part in legislative excursions and visits to the Legislature, and
• Government departments facilitate displays, exhibitions and information stands during Taking the Legislature to the People initiatives by providing mobile offices for the Department of Home Affairs and the South African Social Security Agency (Sassa).

The Public Participation and Petitions Unit is guided by two strategic objectives of the KZN Legislature, namely to enhance public knowledge of the Legislature and its processes, and to facilitate public involvement in legislative and other policy formulation processes of the KwaZulu-Natal Legislature and its committees.

Furthermore, the unit aims at achieving two measurable objectives, as stated in the strategic plan, namely:
• To capacitate members of the public and all relevant stakeholders on the functions and roles of the Legislature, and
• To ensure meaningful public participation in all processes of the KZN Legislature.

The main function of the Public Participation and Petitions Unit is to provide administrative support to committees of the KwaZulu-Natal Legislature in the following activities:

Petitions

The Public Participation and Petitions Unit works hand-in-glove with the Standing Committee on Private Members’ Legislature Proposals, Public Participatio and Petitions to facilitate and manage the petitions process. Most importantly, the unit –

 Receives and registers all petitions in the Petitions Register;
 Opens a file for every petition;
 Prepares every petition received for consideration by the committee which may involve corrections to the petition, if necessary, in consultation with the petitioner so as to ensure that a petition complies with the provisions of the Act, and
 Conducts preliminary investigations into petitions.

In turn, the standing committee :

• Notifies the petitioner, within four weeks of the date on which the petition had been tabled, of the following:
– the manner in which the petition is being dealt with, and
– the reasons why it is dealt with in that particular manner;

 Concludes its consideration of a petition in terms of Section 13(7) and submits the petitions file and its recommendations to the Speaker.

Public Hearings

The Public Participation and Petitions Unit plays a primary role in ensuring public involvement during public hearings by means of:

 Liaising with various stakeholders, including municipalities, to ensure maximum participation, and  Mobilising members of the public

Public Education

The Public Participation and Petitions Unit has a key responsibility of educating members of the public about any Bill under discussion by means of conducting –

 Pre-enactment workshops
 Post-enactment workshops

Multi-Party Delegation Visits and Follow-Up Visits to District Municipalities
It is the role of the Public Participation and Petitions Unit to ensure maximum attendance and participation during multi-party delegation visits ahead of the Taking the Legislature to the People programme, as well as during follow-up visits after the TLTP by:

• Conducting community awareness and readiness workshops before visits take place in order to ensure meaningful participation by communities;
• Mobilising the public to ensure maximum attendance, and
• Liaising with various stakeholders, including municipalities.

Radio Programmes
The PPP Unit has the responsibility to enhance public participation through radio slots that are scheduled for chairpersons of committees.

Relevant Documents
Copies of the following documents can be obtained from the PPP Unit’s offices:
• Operational Plan of the PPP Unit
• Petitions Strategy
• The Petitions Act, Act No 4 of 2003

Contact Information

Public Participation and Petitions Unit
Office 1B-16
1st Floor: Administration Building
244 Langalibalele Street
3200 Pietermaritzburg

Manager: Mrs Duduza Gatsheni
Email: gatshenid@kznlegislature.gov.za
Telephone: 033 3557558
Fax: 033 3557773


Programme Facilitation

Introduction

The Programme Facilitation Unit (PFU) has two main purposes, namely:

• To facilitate all official functions and events of the Legislature, regardless of whether they are scheduled or emerging priority events, and
• To oversee services provided by service providers and/or event co- ordinators.

It is the responsibility of the Programmes Facilitation Unit to ensure that all official functions and events of the Legislature take place within specified timeframes and that event co-ordinators and/or service providers deliver services in accordance with contracts that had been agreed on.

How does this Unit fit into the Organogram?

The Programme Facilitation Unit is situated within the corporate structure of the Legislature, and the Manager: Programme Facilitation Unit reports directly to the Chief Operations Officer.

Programmes facilitated by the PFU

In accordance with Section 118 of the Constitutions of the Republic of South Africa, which stipulates that Parliament and Provincial Legislatures should facilitate public participation, the KZN Legislature hosts programmes in which various sectors of society can have their say, in which they participate and, in some cases, in which they play the role of observers. These programmes include the Official Opening of the KwaZulu-Natal Legislature; sector parliaments; the Taking the Legislature to the People initiatives and the Speaker’s interactive sessions.

Emerging priority events, such as delegation visits and other legislative programmes, are often referred to the PFU. It then becomes the responsibility of the PFU to ensure that such events are handled in a proper manner and that they do, in fact, take place according to plan.

Official Opening of the KZN Legislature and the State of the Province Address

These official functions take place at the beginning of each year, during the month of February, after the State of the Nation address has been delivered by the President of the Republic of South Africa. The occasions mark the commencement of the next session of the KwaZulu-Natal Legislature. During the past two terms, these events were held at the Royal Agricultural Show Grounds. This came about due to a shortage of space in the Legislature Chamber – the public gallery seats only 120 guests, whilst attendance at these events ranges from 1 500 to 2 000 people. His Majesty, King Goodwill Zwelithini has opened every session of the KwaZulu-Natal Legislature on the first day of the proceedings, and the Premier delivers his State of the Province address on the second day.

The two events mentioned above are lavish ceremonies, with MPLs and guests dressed up to the nines. Ceremonial procedures and protocol are followed in respect of His Majesty the King, the Premier, members of the royal household and distinguished guests.

VIP guests are chosen from various spheres of public life, such as the diplomatic or consular corps, the Royal Household, National Parliament, heads of departments (HODs), prominent business leaders, religious leaders, civic organisations, academic institutions and local and district municipalities.

Sector Parliaments
• Workers’ Parliament
The KZN Legislature hosts a Workers’ Parliament during the month of May to provide workers with a platform from which to air their views. Since its inception, participation in the Workers’ Parliament is limited to the three main trade union federations in the province, namely the Congress of South African Trade Unions (Cosatu); the Federation of Unions of South Africa (Fedusa) and the National Council of Trade Unions (Nactu).

Eighty individuals from the various federations and their affiliates participate as “Members” on the day of the Workers’ Parliament. During prior planning sessions with officials of the KZN Legislature, consensus is reached in terms of the venue, theme, programme and public participation.

On the actual day of the sitting, the Workers’ Parliamentarians draft, present and adopt resolutions. These resolutions are then sent by the Office of the Speaker to the respective departments and/or municipalities for their consideration and action. In some cases, specific MECs and senior government officials are called on to account on remedies that were taken to rectify situations that had been raised during previous sittings of the Workers’ Parliament.

• Youth Parliament
In South Africa, the month of June is known as Youth Month. During this month National Parliament and provincial legislatures host sittings of the Youth Parliament.

The Youth Parliament offers young people of KwaZulu-Natal a chance to express their views; to debate issues that affect the youth in general, as well as any matters which affect the youth of KwaZulu-Natal in particular; to engage with real politicians; to engage with institutions and bodies dealing with youth issues and, most importantly, to receive training on how to behave as parliamentarians when a legislative sitting is in progress.

The Youth Parliament usually spans two days. Day 1 is dedicated to the training of young people on legislative procedures. Training is done by officials and Members of the KZN Legislature. Depending on the needs of participants, engagements with providers of services for young people and other agencies that have an interest in the views and needs of young people are arranged, as are engagements with provincial Members of the Executive Council.

The actual sitting takes place on Day 2, with participants debating a theme that had been selected in advance. Any person between the ages of 13 and 35 years, who resides in the Province of KwaZulu-Natal, regardless of cultural, linguistic, socio-economic, religious and racial background, is allowed to participate in this forum.

However, it is important to note that when this initiative was first introduced, participation was limited to pupils from various schools. Sometime later there was a concern that out-of-school youths were not involved, and in 2003 participation was limited to out-of-school young people.

After the 2004 general elections, it was decided that the KwaZulu-Natal Youth Parliament should reflect the Provincial Legislature in terms of party representation, as well as terms of office and positions. This means that as of June 2004 to date the participants are the same people per term, except in extraordinary cases where party representation changed due to floor crossing and other reasons. This was done to ensure continuity and accountability.

When and where do Youth Parliaments take place?
This sector parliament rotates among various districts within the province to ensure that all young people in KwaZulu-Natal get a chance to observe and/or participate in the preliminary programmes which take place before any sittings of the Youth Parliament. The Legislature pays for all the costs involved: transport, accommodation, meals and administrative expenses.

Ensuring Continuity and Accountability
After a sitting of the Youth Parliament, a report containing any issues that had been raised and discussed is made available. Issues may relate to the KZN Legislature or any other government/ state institution. Issues highlighted in this report are addressed by the Legislature and other relevant bodies, and at the following sitting of the Youth Parliament, the Legislature and/or other relevant bodies and organisations must account for what had been done to address all issues that had been raised.

During the formal sitting of the Youth Parliament, participants draft, present and adopt resolutions. These resolutions are later sent by the Office of the Speaker to respective departments and/or municipalities for their consideration and action.

The KwaZulu-Natal Legislature was subjected to critical self-examination in 2004 when the youth noted that the Legislature was the only government institution in the province that did not provide an internship programme for the youth. At the following sitting of the Youth Parliament in 2005, the Legislature had to account for why there was no such programme and, also, on what had been done to remedy the situation.

No organisation or institution is immune to scrutiny. Even institutions such as banks are invited to be part of the Youth Parliament. The aim is to give young people a voice which will be heard and listened to by local and national government, private institutions and other statutory bodies.

• Women’s Parliament
During August, which is known as Women’s Month in South Africa, the Legislature hosts a sitting for women. The Women’s Parliament offers women of the province a forum to express their views, to debate issues affecting them in general and those affecting them as women of KwaZulu-Natal in particular, and to engage with real politicians and institutions dealing with women’s issues.

The Women’s Parliament resembles the Youth Parliament in terms of the duration of the programme, the number of participants, the term of office, pre-planning meetings and party representation. Some 80 women, representing the various political parties within the KZN Legislature, participate in this forum.

• People’s Assembly
This initiative was pioneered by the national Parliament in June 2004 to mark the anniversary of the Congress of the People and to give ordinary South Africans an opportunity to make their voices heard on issues which affect their daily lives. In subsequent years, the People’s Assembly became an annual event, hosted by the national Parliament and provincial Legislatures during the month of September.

Unlike other sector parliaments, participation in the People’s Assembly is not restricted. KwaZulu-Natal delegates, having been drawn from diverse social, cultural, educational and political backgrounds, are given a platform to meet and to make important and meaningful statements about their destiny. Each province sends representatives to this national event, with the national Parliament prescribing the various sectors that delegates should come from. One theme, with various sub-themes, is then discussed.

Events in the provinces coincide with the national event and take place simultaneously. A satellite is used to link proceedings at different venues. These proceedings are then televised live on SABC2.

In cases where the national Parliament does not host the People’s Assembly, the Legislature hosts its own assembly within an identified district. The procedure still follows the same format, except for the live crossings.

• Senior Citizens’ Parliament
This sector parliament is aimed at older people, ranging from the ages of 55 to 60. It is normally held during the month of September. The sitting coincides with the International Day for Older Persons, with the Legislature and Office of the Premier sharing infrastructure and costs. Participation of the 80 delegates is divided into two streams: 40 representatives come from the different political parties in the Legislature and another 40 participants come from provincial district forums.

Any decisions regarding the theme, venue and other logistics are discussed in plenary meetings and, like other sector parliaments mentioned above, the Senior Citizens’ Parliament is also a two-day event with a similar programme format as other sector parliaments.

• Parliament for People with Disabilities
Sittings of the Parliament for People with Disabilities are held during the month of December, which is themed Month for the Disabled. It is held a day before or after the International Day of Persons living with Disabilities (IDPD), on 3 December. This is done to allow the 80 delegates and MPLs to attend the IDPD ceremony hosted by the Office of the Premier: Ceremony on Human Rights in the same venue as the Disability Parliament.

The 80 delegates are selected from district forums, and all other logistical arrangements, including the term of office, theme, et cetera, are similar to other sector parliaments.

• Learners’ Symposium
The inaugural sitting of the Learners’ Symposium took place in 2012 in Ulundi Municipality, Zululand District. The second sitting was held in Ilembe District at Mandeni in 2013. The Learners’ Symposium is the result of a request from the Department of Education, asking that learners be given a platform to debate specific issues, and the symposium has since been included in the Legislature’s annual calendar.

Some 80 Learners from different schools within a given district are identified to participate in and debate on a theme that is identified by the Department of Education. The symposium is held on a small scale, with a defined list of observers who are parents, educators and members of school governing bodies. The programme takes place over two days, with Day 1 assigned to intense training of the 80 learners on the theme for the debate, as well as on parliamentary processes and procedures. On Day 2 learners debate the theme of the symposium.

• Inter-faith Symposium
The Inter-faith Symposium (IFS) consists of representatives from various faith groupings within the province. Two representatives per faith grouping participate in plenary meetings with the Legislature to chart a way forward with regard to the logistics of the event which is held during the month of April. Some 300 participants, representing different faith groupings and civic society, congregate in one forum to make up the IFS.

Taking the Legislature to the People (TLTP)
Section 118 of the Constitution of the Republic of South Africa provides for legislatures and the national Parliament to facilitate public involvement in legislative and other processes of their committees. It also provides for legislatures to conduct their businesses in an open manner, and to hold their sittings and those of their committees in public.

In line with the above mandate, the KwaZulu-Natal Legislature adopted an initiative called Taking the Legislature to the People. Through this initiative, the Legislature extends its sittings to local areas.

The Legislature designates a certain district as its destination for the Taking the Legislature to the People programme which takes place bi-annually. Initially the programme spanned over a period of five days, but following a decision by the multi-party strategic team, the programme was reduced from five days to three days.

The aim of this initiative is to ensure that all citizens of KwaZulu-Natal are able to interact directly with their elected representatives in the KZN Legislature, as well as to expose citizens to the various processes of the Legislature.

Background

The first Taking the Legislature to the People programme took place in uThukela District in Estcourt Municipality during October 2005. After that sittings have been held in all districts except uMgungundlovu, since that is where the Legislature is situated.

To ensure the smooth operation of this programme, a specific procedure is followed. The programme takes shape in the following manner:

• Meetings between Political Leaders
The Office of the Speaker arranges a meeting between the Legislature’s political leadership and the political leadership of the district that is to be visited. A delegation, led by the Speaker of the KZN Legislature and comprising senior office bearers of the Legislature, then travels to the district to engage with its political leadership. In that meeting the Speaker outlines the programme and also clarifies any issues that may arise out of the meeting. It is customary for all parties to agree that, after the meeting, their administration will handle the matter further and submit reports on any progress made.

• Meeting between Administrative Officials
This meeting takes place immediately after the meeting between political leaders. The legislature team, under the leadership of the Programme Facilitator, meets with district officials, as well as officials from local municipalities. The intention of this meeting is to identify and co-opt all stakeholders, to outline the programme, to request assistance where necessary, and to assign roles and chart the way forward.

Taking the Legislature to the People Process

Community Readiness and Awareness
The process starts with a community readiness and awareness initiative. This is done at least four months before the actual TLTP sitting takes place. The purpose is to educate and sensitise communities in a certain district about the impending TLTP programme.

It is the prerogative of the district in question to decide whom to educate, as it is not feasible to workshop everybody. However, the Legislature provides for the training of councilors, izinduna, ward committee members and community development workers since they work closely with communities at grassroots level and are therefore better positioned to further educate and mobilise the public. Normally a sub-committee, comprising legislature and district officials, is formed to deal with a variety of issue.

To ensure effectiveness, training is done per municipality. The Public Participation and Communication Units of the Legislature are responsible for these training sessions.

Multi-party Delegation’s Oversight Visit

An oversight visit is undertaken by a committee or delegation, comprising members of all political parties represented in the Legislature and led by the Office of the Chairperson of Committees. This visit takes place at least two months before a TLTP sitting is held. Communities are given an opportunity to address Members of the Legislature on socio-economic or socio-political issues, irrespective of whether they fall within the service delivery areas of national, provincial or local government or any public institution or parastatal.

This is an opportunity where members of the public get to speak and politicians get to listen. From that point the Legislature will follow up on any aspect of service delivery to be undertaken by any sphere of government.

Representatives from departments, the Legislature, municipalities, parastatals and public entities are not allowed to speak on issues of service delivery at this stage, because this is the time when members of the public get to call on all these structures to review their effectiveness and to assist them (the structures) by alerting them to areas which they may have to prioritise their budgets in future financial years. However, during the sitting of the Legislature, MECs take turns to engage the public and report on their service delivery plans or to indicate the direction they will take in response to any issues raised by the public.

As with community readiness and awareness training, the multi-party delegation may visit various local municipalities. In some cases two areas within a certain municipality are visited. The public attendance at these visits is roughly 400 people, depending on the size of the venue. The Legislature provides delegates with transport and refreshments during these interactions.

Sittings of Taking the Legislature to the People initiatives
The sitting lasts for two days. Day 1 consists of a public interactive session from the morning until lunch time. Since not everybody gets a chance to speak, the Research Unit of the Legislature has designed a questionnaire that assists in getting further public input.

The afternoon session consists of an interactive session between portfolio committees and relevant MECs identified by service delivery gaps during the multi-party delegation’s visit. A one-hour session is held to table the report of the multi-party delegation. On Day 2 the report is debated and any other urgent business of the House is dealt with.

Departmental Help Desk
Officials from various departments are invited to be on site to assist communities for the duration of the programme. The Department of Home Affairs and South African Social Security Agency (Sassa) are also invited as they provide services that are of utmost importance to communities.

Speaker’s Social Responsibility Programme
Day 3, the day after the two-day sitting, is dedicated to the Speaker’s Social Responsibility Programme. This is a way of giving something back to the community that had been visited. The Legislature enlists the help of the district municipality to identify three to five needy organisations within the district. However, upon meeting the criteria set by the Office of the Speaker, only one organisation becomes the recipient of any donations from the Office of the Speaker.

Feedback Visits

Five months after the TLTP, a multi-party delegation returns to the district to determine what progress was made regarding issues that had been raised and discussed during the TLTP initiative.

The history and implementation of this event have been documented in detail in a publication titled Taking the Legislature to the People. [Copies of this publication can be obtained from the KZN Legislature.]

Accommodation

Accommodation is always provided to all Members, participants and officials involved. The size and availability of establishments determine how the above categories of persons are allocated rooms. If a large establishment which can accommodate everyone can be found, all parties are housed together. In some cases, where establishments of varying sizes are found, the allocation is done along party lines. Should parties not fit into one establishment, rooms are allocated according to seniority within a party. [This arrangement applies only to Members.]

Contact Information
Programme Facilitation Unit
Office 1B-17
1st Floor: Administration Building
244 Langalibalele Street
3200 Pietermaritzburg

Manager: Ms Phindile Shange
Email: shangep@kznlegislature.gov.za
Telephone: 033 3557705
Fax: 033 3557681


Office of the Chief Operations Officer: Legislative Services

Introduction

The Office of the Chief Operations Officer: Legislative Services oversees the provision of legislative and related services to Members and the public. This includes all off-site programmes and initiatives of the KwaZulu-Natal Legislature. All the core components of the KZN Legislature reside within this division.

The following units report directly to the Office of the Chief Operations Officer:

• Programme Facilitation
• Public Participation and Petitions
• Protocol Services
• Research and Library Services
• Legislative Operations (Proceedings)

Office of the Chief Whip
NCOP Administration
• Hansard and Language Services
• Constitutional and Legislative Legal Services (Legal Services)
• Committee Services

Contact Information

Office of the COO
Office GA-34
Ground Floor: Administration Building
244 Langalibalele Street
3200 Pietermaritzburg

Chief Operations Officer: Mr Bongani Sibisi
Email: sibisib@kznlegislature.gov.za
Telephone: 033 3557794
Fax: 033 3557699


Organisational Performance (Strategic Planning, Monitoring & Evaluation and Efficiency Management)

Introduction

The role of this unit is, inter alia, to ensure effective service delivery, institutional development and the setting up of institutional performance targets. This entails the development and implementation of a corporate strategy, policy management and business efficiency services. The core functions of the unit are to provide the Office of the Secretary with the necessary competence to:

(i) research and develop corporate strategy (i.e. development of strategic, annual performance and committee oversight plans);
(ii) monitor the implementation of performance plans (strategy and annual performance, as well as oversight plans) through the application of monitoring and evaluation tools;
(iii) co-ordinate and drive institutional policy management, and
(iv) improve institutional efficiencies through the application of business process management productivity tools.

Performance Planning and Reporting The unit ensures that there is alignment between committees’ performance targets (annual oversight plans) and performance targets (annual operational plans) of core support units in the administration. This unit, through its liaison with the Institutional Transformation Unit, facilitates the development and/or identification of institutional core values and their implementation.

While this unit is situated in the Office of the Secretary, it directly serves the Office of the Chairperson of Committees on matters of committee performance and planning. At least once a quarter, the unit provides the Chairperson of Committees with a report on committees’ performance against their annual oversight plans (AOPs). Moreover, the unit provides performance reports to all units at Manco, Exco and Lexco levels on how annual performance plans are being implemented. The unit is responsible for processing monthly performance reports. It also compiles and facilitates the submission of quarterly performance reports to oversight structures in terms of relevant prescripts.

The unit ensures that performance information is properly collated and submitted for audit purposes. The unit forms a close partnership with the Governance and Compliance Unit to ensure that issues raised by auditors and risk managers find their way into the performance plans of the institution for effective actioning.

Policy, Evaluation and Efficiencies Management

To ensure that the institution’s strategy is implemented in a conducive control environment, the unit develops and ensures compliance to an institutional policy development framework. It provides a policy development facilitation process and advises on policy gaps, reviews and withdrawals. The unit also provides programme and performance evaluations to achieve the ideals of a learning organisation.

There is a direct relationship between institutional performance and institutional efficiency. Institutional efficiency, amongst other management factors, depends of the productivity levels of the institution’s business processes. To effectively implement its strategy and performance plans, an institution needs to pay particular attention to the use of its resources, which include financial resources, human resources and tools of trade. It also requires effective business process management. Improving institutional efficiency is one of the core functions of the Organisational Performance Unit.

Contact Information

Organisational Performance Unit
Office GA-09
Ground Floor: Administrative Building
244 Langalibalele Street
3200 Pietermaritzburg

Manager: Mr Nkosentsha Khumalo
Email: khumalon@kznlegislature.gov.za
Office: 033 3557567
Fax: 033 3557544


Institutional Transformation

Introduction The Institutional Transformation Unit is mandated to lead the promotion and advancement of women’s empowerment and gender equality in the Legislature. This process is being implemented with the alignment of gender and diversity mainstreaming to ensure that other cultures and beliefs are respected. This unit draws inspiration from the words of the late Oliver

Tambo who once said:

The mobilisation of women is the task, not only of women alone, or of men alone, but of all of us, men and women alike, comrades in the struggle. The mobilisation of the people into active resistance and struggle for liberation demands the energies of women no less than that of men. A system based on the exploitation of man by man can in no way avoid the exploitation of women by the male members of society. There is no way in which women in general can liberate themselves without fighting to end the exploitation of man by man, both as a concept and as a social system.

What the late Oliver Tambo said then is still relevant in today’s struggle for equality. The Institutional Transformation Unit believes that once people are exposed to socialisation patterns or reminded of what the past had done to them, they might be willing to change the way in which they regard or treat each other as women and men in the Legislature, both at home and in society at large.

Background The Constitution of the Republic of South Africa, 1996 (Act No 108 of 1996) defines in detail the vision of a society which this country strives towards – “a united, democratic, non-racial, non-sexist and prosperous South Africa”. It is within this context that the empowerment, advancement and development of women and the achievement of gender equality is located.

The KwaZulu-Natal Legislature is not exempt from compliance with the Constitution and that is precisely why the Institutional Transformation Unit was established. The unit has to ensure that equal rights are enjoyed by women and men of the Legislature, that access to opportunities is upheld and that the underlying causes of discrimination are systematically identified and removed. The Employment Equity Act, as well as a whole range of other statutory provisions which seek to protect and promote the rights of women and men, are regarded as the best tools with which to achieve the set goals of equality.

The Institutional Transformation Unit subscribes to several conventions, treaties and protocols, such as the UN Convention on the Elimination of all Forms of Discrimination against Women (CEDAW); the UN Convention on the Rights of Persons with Disabilities (UNCRPD); Millennium Development Goals (MDGs) and the African Union (AU) Gender Protocol. One of the strategic objectives of the Legislature is to monitor international conventions and treaties that are relevant to KwaZulu-Natal.

United Nations Conventions With regard to UN conventions, the Institutional Transformation Unit places special emphasis on the following – UN Convention on the Rights of Persons with Disabilities (UNCRPD) The Institutional Transformation Unit officer recently represented the KZN Legislature at a conference held in Ethiopia where 500 people from different countries congregated to report on the implementation of this convention in their respective countries. The KZN Legislature has actively committed to this convention by hosting annual sector parliaments that mainstream disability. During all meetings of sector parliaments, including the Parliament for People with Disabilities, the Legislature provides sign language interpreters; braille documents and accessible venues for persons with disabilities who attend these meetings. Furthermore, the Institutional Transformation Unit has committed itself to the implementation of Articles 6 and 21 of the UN Convention on the Rights of Persons with Disabilities. Article 6 deals with the empowerment of women with disabilities and Article 21 deals with ensuring that all persons with disabilities are able to access information through their preferred mode of communication.

By implementing Article 6, the KZN Legislature organises empowerment sessions for women with disabilities.

By implementing Article 21, the KZN Legislature ensures that braille copies of official documentation and sign language interpreters are provided at sector parliaments.

UN Convention on the Elimination of all Forms of Discrimination against Women (Cedaw)

In 2009 the Institutional Transformation Unit Officer attended a mock session staged by Cedaw in Pretoria. This was done to assist the Minister of Women, Children and Persons with Disabilities and the national gender machinery to compile a report that was to be submitted to the Cedaw Commission in New York as South Africa had ratified and signed this convention. During this session it was noted that there were gross human rights violations in South Africa, especially in the case of women and children, due to the absence of legislation focusing on this kind of discrimination and the integration of Cedaw articles into the South African legal system.

To give effect to Articles 11(b) and 13 of the UN convention, speakers presented papers on women’s rights. Some papers highlighted the understanding of women’s positions in culture, politics, religion and society in general. Similar sessions regularly take place during human rights calendar days which are recognised by the province and its gender machinery.

The Institutional Transformation Unit assists the Programme Facilitation Unit by identifying relevant speakers to make presentations during proceedings of the Women’s Parliament. The unit also ensures that the Women’s Anthem, adopted by the Commonwealth Parliamentary Association for Women, features in all women’s programmes of the Legislature and is known by all participants.

The Institutional Transformation Unit collects books on women’s rights and stores them in the “women’s corner” of the library in the KZN Legislature.

Millenium Development Goals

Goal 3 of the Millennium Development Goals (MDGs) deals with equality and women empowerment which the Institutional Transformation Unity has undertaken to implement. The unit is in possession of a CD on Millennium Development Goals, obtained from National Parliament, which featured African artists who, through their songs, raise awareness around the urgency of implementing these goals. The unit makes this CD available to the public so that the awareness campaign on the achievement of the MDGs reaches both young and old people in the province through the types of lyrics which the artists produce. The unit is in the process of drafting a plan on gender equality and women empowerment. Interviews have been conducted to determine the levels of inequalities and the lack of empowerment in the workplace.

Women’s Charter

The Women’s Charter of 1954 is used as a yardstick to measure how far the struggle of women’s transformation has progressed. It is clear that many of the stated objectives of the Women’s Charter have not yet been achieved. Links

www.womensnet.org.za
www.powa.co.za
www.mahla.co.za
www.awepa.org

Contact Information

Manager: Institutional Transformation Unit
Office GA-19
Ground Floor: Administration Building
244 Langalibalele Street
3200 Pietermaritzburg

Manager: Ms Bridgette Dlamini
Email: dlaminib@kznlegislature.gov.za
Office: 033 3557511
Fax: 033 3557773


Information and Communications Technology

Introduction

The past five years have seen a substantial growth in the Information and Communications Technology (ICT) Unit within the KwaZulu-Natal Legislature. The strategy around ICT, through various initiatives such as strategic, operational and master systems plans, has firmly established the solid foundation needed to ensure that ICT continues to flourish in the legislative environment. Fundamental to this has been the awareness that systems and technology must continue to be used to enhance and streamline all business processes and operations of the KZN Legislature.

The Government-wide Enterprise Architecture (GWEA), formulated with the assistance of the State Information Technology Agency (SITA), provides a strategy which outlines how the KZN Legislature wants to advance its ICT programmes. The strategy is an ongoing plan to ensure that the Legislature has and provides the best ICT services to its members and staff.

Overview

The Master Systems Plan (MSP) that was initially developed has been reviewed and replaced by GWEA. All GWEA recommendations will be implemented according to prioritised Legislature needs.

The most significant impact on the KZN Legislature was the implementation of an Enterprise Resource Planning (ERP) system called SAP (Systems, Applications and Products). The main aim of the implementation was to replace the legacy systems (BAS, Persal and HardCat) to an integrated ERP system. It allows for a central billing system between Human Resources, Supply Chain Management and Finance, and improved reporting and efficiencies in approval processes. Furthermore, the Legislature has expressed the wish to implement a Customer Relations Management (CRM) tool that will centrally house public participation documents and national and legislative processes, allowing interaction with the general public through internet and mobile devices.

ICT recently migrated from a Novell network to a Microsoft network, replacing GroupWise email with Microsoft Exchange. Members and staff are now able to access their emails and calendars from any smartphone or mobile device. Microsoft Exchange allows access to emails from any location where there is internet connectivity. This upgrade also allows Members and staff access to wireless connectivity while in the Legislature.

Conclusion

The success of SAP depends on all its users. With the continued adoption of ICT best practices through the ICT Steering Committee, which is now in place, and the sound infrastructure in which the KZN Legislature has invested, ICT will continue to impact and enhance the institution from a systems and technological perspective.

Contact Information

Information and Communication Technology
Office GA-08
Ground Floor: Administration Building
244 Langalibalele Street
3200 Pietermaritzburg

Acting Manager: Mr Zwelihle Memela
Email: memelaz@kznlegislature.gov.za
Office: 033 3557584
Fax: 033 3557544


Communication Services Unit

The Communication Services Unit is located in the Office of the Secretary. The Communications Services Unit performs the strategic function of ensuring that all activities and programmes of the KZN Legislature are effectively communicated to the public and all relevant stakeholders.

Special Policies and Strategic Objectives

The Communication Services Unit derives its mandate from the following strategic objectives of the KZN Legislature:

• To enhance the public’s knowledge of legislation and proceedings
• To facilitate public involvement in legislative and other policy formulation processes of the KZN Legislature and its committees
• To conduct all legislative business in an open and transparent manner, including the holding of legislative sittings and committee meetings in public

Core Business The Communication Services Unit is charged with the responsibility of ensuring that all programmes and activities of the Legislature and its committees are widely publicised for the benefit of the public and all relevant stakeholders. Furthermore, the unit is responsible for enhancing the image of the Legislature by building and maintaining good relations with the media. The unit applies various strategies in the execution of its mandate. Listed below are only some of the strategies which the unit employs to perform its strategic function:

Publications The unit uses publications and various forms of graphic media (brochures, flyers, posters and newspaper inserts) to enhance public awareness and knowledge of the functioning of the KZN Legislature. These publications are used for civic education, as well as to profile Members of the Legislature to the public. They are also used for brand activation, thereby enhancing the Legislature’s image.

Most publications are distributed at various outreach platforms, such as TLTPs, sector parliaments, public exhibition stands and during tours of the KZN Legislature by schools.

The unit also buys space in various national publications where articles and advertorials that profile the Legislature are placed in order to target national audiences. Publications include top magazines such as Sawubona (SAA’s in-flight magazine), Leadership, One Africa, One Voice (magazine of the Pan African Parliament, Municipal Focus and others.

Branding

The unit is responsible for building the Legislature as a brand which is distinct from other arms of government in the Province of KwaZulu-Natal. This is done to reinforce the principle of the separation of powers which is the cornerstone of our constitutional democracy. The unit ensures that the Legislature always appears distinctly different from other provincial bodies, Public Service departments and municipalities.

In this regard, the KZN Legislature has developed its own identity (logo) and colours which are used in all promotional material and official publications. The Communication Services Unit manages this branding function and is the custodian of the Legislature’s brand.

It is also the unit’s responsibility to advise other units regarding the branding of any official promotional item or publication. The branding of the Legislature mainly takes place through the following: banners; publications; corporate clothing; business cards; promotional material; letterheads; print advertisements; signage; calendars; official vehicles, et cetera.

Media Liaison

There is a good relationship between the Legislature and the media, and the Communication Services Unit ensures that the media is always kept informed of issues and developments which occur in the Legislature, including committee meetings. In this regard, the unit facilitates a media presence during legislative sittings, committee meetings, Legislature events and other public outreach activities, as well as access to information which is in the public domain.

Below are some media relations activities which the unit executes:

• Issuing of regular media statements regarding the activities of the Legislature and its committees
• Responding to questions and queries from the media
• Organising media interviews for office bearers, including chairpersons of committees
• Issuing media alerts and invitations
• Updating media contacts
• Providing chairpersons of committees with media-related support

Profiling of Members

The unit is responsible for enhancing the public profile of MPLs so as to facilitate regular interaction between public representatives and members of the public. The aim is to ensure that the public is able to engage with their elected representatives in order to raise issues which affect them as citizens of KwaZulu-Natal. To achieve this, the unit develops publications, such as brochures displaying photographs of Members and their contact details, newspaper inserts, as well as arranging media interviews.

Radio Slots

The Communication Services Unit organises and co-ordinates radio interviews which feature office bearers and chairpersons of committees. The aim is to give them a platform to communicate the activities of the Legislature to the public in so far as they relate to their individual portfolios. The radio slots focus on the legislative, oversight and public participation functions of the KZN Legislature. Radio slots take place mainly via commercial and community radio stations. They are also used to profile the work of the Legislature and to increase the public profile of Members.

Photography

The unit renders a photography service during all official activities and events of the Legislature. This includes the taking of photographs of Members and staff for use in the Legislature’s official publications and to update the website of the institution. The unit is also responsible for operating video cameras in the Chamber to record all House sittings.

Conclusion

The unit is charged with the responsibility to ensure that the public and all stakeholders of the Legislature, including the media, are always kept informed of the activities of the Legislature. In this respect, the Communication Services Unit ensures that the business of the Legislature takes place in public and facilitates media access to all the Legislature’s activities. The unit also enhances the public’s knowledge of the functioning of the Legislature and all its processes.

Contact Information

Communication Services
3rd Floor
Post Office Building
244 Langalibalele Street
3200 Pietermaritzburg

Manager: Mr Sina Nxumalo
Email: nxumalow@kznlegislature.gov.za
Office: 033 3557713
Fax: 033 3557699


Communication Services

Communication Services Unit

The Communication Services Unit is located in the Office of the Secretary. The Communications Services Unit performs the strategic function of ensuring that all activities and programmes of the KZN Legislature are effectively communicated to the public and all relevant stakeholders.

 

Special Policies and Strategic Objectives

The Communication Services Unit derives its mandate from the following strategic objectives of the KZN Legislature:

  • To enhance the public’s knowledge of legislation and proceedings
  • To facilitate public involvement in legislative and other policy formulation processes of the KZN Legislature and its committees
  • To conduct all legislative business in an open and transparent manner, including the holding of legislative sittings and committee meetings in public

 

Core Business

The Communication Services Unit is charged with the responsibility of ensuring that all programmes and activities of the Legislature and its committees are widely publicised for the benefit of the public and all relevant stakeholders. Furthermore, the unit is responsible for enhancing the image of the Legislature by building and maintaining good relations with the media. The unit applies various strategies in the execution of its mandate. Listed below are only some of the strategies which the unit employs to perform its strategic function:

 

Publications

The unit uses publications and various forms of graphic media (brochures, flyers, posters and newspaper inserts) to enhance public awareness and knowledge of the functioning of the KZN Legislature. These publications are used for civic education, as well as to profile Members of the Legislature to the public. They are also used for brand activation, thereby enhancing the Legislature’s image.

 

Most publications are distributed at various outreach platforms, such as TLTPs, sector parliaments, public exhibition stands and during tours of the KZN Legislature by schools.

 

The unit also buys space in various national publications where articles and advertorials that profile the Legislature are placed in order to target national audiences. Publications include top magazines such as Sawubona (SAA’s in-flight magazine), Leadership, One Africa, One Voice (magazine of the Pan African Parliament, Municipal Focus and others.

 

Branding

The unit is responsible for building the Legislature as a brand which is distinct from other arms of government in the Province of KwaZulu-Natal. This is done to reinforce the principle of the separation of powers which is the cornerstone of our constitutional democracy. The unit ensures that the Legislature always appears distinctly different from other provincial bodies, Public Service departments and municipalities.

 

In this regard, the KZN Legislature has developed its own identity (logo) and colours which are used in all promotional material and official publications. The Communication Services Unit manages this branding function and is the custodian of the Legislature’s brand.

 

It is also the unit’s responsibility to advise other units regarding the branding of any official promotional item or publication. The branding of the Legislature mainly takes place through the following: banners; publications; corporate clothing; business cards; promotional material; letterheads; print advertisements; signage; calendars; official vehicles, et cetera.

 

Media Liaison

There is a good relationship between the Legislature and the media, and the Communication Services Unit ensures that the media is always kept informed of issues and developments which occur in the Legislature, including committee meetings. In this regard, the unit facilitates a media presence during legislative sittings, committee meetings, Legislature events and other public outreach activities, as well as access to information which is in the public domain.

 

Below are some media relations activities which the unit executes:

 

  • Issuing of regular media statements regarding the activities of the Legislature and its committees
  • Responding to questions and queries from the media
  • Organising media interviews for office bearers, including chairpersons of committees
  • Issuing media alerts and invitations
  • Updating media contacts
  • Providing chairpersons of committees with media-related support

 

Profiling of Members

The unit is responsible for enhancing the public profile of MPLs so as to facilitate regular interaction between public representatives and members of the public. The aim is to ensure that the public is able to engage with their elected representatives in order to raise issues which affect them as citizens of KwaZulu-Natal. To achieve this, the unit develops publications, such as brochures displaying photographs of Members and their contact details, newspaper inserts, as well as arranging media interviews.

 

Radio Slots

The Communication Services Unit organises and co-ordinates radio interviews which feature office bearers and chairpersons of committees. The aim is to give them a platform to communicate the activities of the Legislature to the public in so far as they relate to their individual portfolios. The radio slots focus on the legislative, oversight and public participation functions of the KZN Legislature. Radio slots take place mainly via commercial and community radio stations. They are also used to profile the work of the Legislature and to increase the public profile of Members.

 

Photography

The unit renders a photography service during all official activities and events of the Legislature. This includes the taking of photographs of Members and staff for use in the Legislature’s official publications and to update the website of the institution. The unit is also responsible for operating video cameras in the Chamber to record all House sittings.

 

Conclusion

The unit is charged with the responsibility to ensure that the public and all stakeholders of the Legislature, including the media, are always kept informed of the activities of the Legislature. In this respect, the Communication Services Unit ensures that the business of the Legislature takes place in public and facilitates media access to all the Legislature’s activities. The unit also enhances the public’s knowledge of the functioning of the Legislature and all its processes.

 

Contact Information

Communication Services

3rd Floor

Post Office Building

244 Langalibalele Street

3200 Pietermaritzburg

 

Manager:        Mr Sina Nxumalo

Email:              nxumalow@kznlegislature.gov.za

Office:             033 3557713

Fax:                  033 3557699


KwaZulu-Natal Legislature: A Constitutional Perspective

The adoption of both the Interim Constitution of the Republic of South Africa in 1993 and the final Constitution of the Republic of South Africa in 1996 has been a major milestone in achieving freedom in South Africa and in establishing a democratic state founded on principles such as the supremacy of the Constitution and the of rule of law.

The Constitution has ensured that South Africa continues to develop as a constitutional state, that is, one where political power is restricted in various ways and in which the Constitution serves as the golden standard for the legitimate exercise of public power.

The separation of powers is one such restriction and is a means to ensure protection of rights by way of the distribution of political power between different institutions and persons. The idea is that good governance is more likely when political power is distributed to various actors as opposed to being concentrated in one person. The objective is to prevent the abuse of political power. Under this principle, specific functions, duties and responsibilities are allocated to different institutions with specific areas of jurisdiction.

In South Africa, broadly speaking, this has led to a separation of public powers between the legislature (concerned with the making of laws), the executive (concerned with the application and execution of laws) and the judiciary (concerned with the resolution of disputes). However, it is important to note that the separation of powers is not absolute in South Africa. Instead, the powers, functions and institutions of the three branches of government are inter-related. Thus, the exercise of core functions of one branch may be subject to limitations, checks and balances exercised by another branch.

Governmental structures in South Africa are established by the Constitution. The Constitution provides for the establishment of three spheres of government, namely national, provincial and local which, although distinct, are also inter-dependent and inter-related.

At national level, the Constitution provides for a bicameral Parliament consisting of the National Assembly and the National Council of Provinces. At provincial level, nine provinces are established and each province has its own legislature. Each legislature consists of between 30 and 80 members who are elected in accordance with the provisions of the Electoral Act, 1998. The number of members per legislature is determined by a formula prescribed by the Electoral Act.

The Province of KwaZulu-Natal is one of the nine provinces established under section 103 of the Constitution. The KwaZulu-Natal Legislature currently has 80 members.

A provincial legislature is elected for a term of five years, unless it is dissolved earlier by the Premier or Acting Premier in exceptional circumstances provided for in section 109 of the Constitution, e.g. where the legislature has resolved to be dissolved after three years have lapsed since it was elected.

The first sitting after an election must take place within 14 days after election results have been declared, on a date determined by a judge designated by the Chief Justice. Thereafter, the legislature may determine its own sitting dates and times and recess periods.

At the first sitting after an election or whenever a vacancy arises, the legislature must elect a Speaker, Deputy Speaker and the Premier. A Speaker, Deputy Speaker or the Premier may be removed by a resolution of the House.

The Speaker is the principal presiding officer in the House, but is assisted in this function by the Deputy Speaker or, in some instances, by the Chairperson or Deputy Chairperson of Committees.

Section 116 of the Constitution vests in a legislature the power to determine and control its own internal arrangements, proceedings and procedures, and to make rules and orders concerning its business. This includes rules of procedure and of debate, the consideration of legislation and conducting oversight. The rules must have regard for democracy, accountability, transparency and public involvement. The rules under which a legislature regulates its proceedings and procedures are known as the Standing Rules. They are usually adopted at the commencement of a term and remain in operation until the end of that term. However, the legislature has the power to amend, suspend or repeal any of its Standing Rules.

As presiding officer, the Speaker must ensure that the Standing Rules are observed and that plenary meetings are conducted in accordance with the Standing Rules and in an orderly manner. The Speaker thus applies and interprets the Standing Rules and makes rulings where required. The Speaker must also ensure that the dignity of the House and its Members is upheld.

The rulings of the Speaker and other presiding officers also form an important part of the practice and procedure of the House. Previous rulings ordinarily establish precedent, but presiding officers are not necessarily bound by these where circumstances require a different approach. Conventions and practices may also develop over time into established procedure.

Not only is the Speaker the presiding officer in the House, but he/she is also the political head of the legislature and thus its spokesperson and representative in relation to outside bodies. The Speaker is also the treasurer of the legislature and is tasked with certain administrative functions.

Although policy is determined by the Management Committee on Rules, which is chaired by the Speaker, the responsibility for the day-to-day operational management of the legislature vests in the Secretary to the Legislature. For purposes of financial accountability, the Secretary is deemed to be the accounting officer, akin to a head of a provincial department, and has all the duties and responsibilities of a head of department in that regard.

Decisions before a legislature are decided by a majority of the votes cast, except where the Constitution provides otherwise, for example, where a province wishes to adopt a provincial constitution. In the latter case, at least two thirds of the Members must vote in favour of the Bill. The presiding officer ordinarily does not have a deliberative vote, but must cast a deciding vote when there are equal numbers of votes on each side of the question. However, where a question must be decided by a two-thirds majority, the presiding officer has a deliberative vote.

The legislative authority of a province is vested in its provincial legislature. A legislature has the power to pass a provincial constitution, and to pass legislation with regard to matters listed in Schedule 4 and 5 of the Constitution, as well as matters assigned to the province by national legislation and any matter on which the Constitution envisages the enactment of provincial legislation. For example, section 120 (3) of the Constitution provides that a provincial Act must provide for a procedure whereby a legislature may amend a money Bill. This is a clear example where the Constitution envisages the enactment of provincial legislation.

Not only may the legislature consider, pass, amend or reject Bills emanating from the provincial Executive Council, it also has the power to initiate or prepare its own legislation, except for money Bills. For example, the KZN Legislature passed the KZN Petitions Act in 2003 and the KZN Legislature Witnesses Act in 2007. Both Acts emanated from committees within the Legislature itself.

Other than lawmaking, one of the core functions of a legislature is to hold all provincial executive organs of state within the province accountable to it and to maintain oversight over the exercise of provincial executive authority. This includes not only provincial departments, but all functionaries or institutions exercising a constitutional power or a public power or performing a public function in terms of legislation, but excludes a court or a judicial officer. Thus, a legislature has oversight powers over public entities created and funded by departments to carry out specific functions.

The Standing Rules of a legislature must provide for the establishment, powers and functions of committees. Committees are established to perform functions which the House, by virtue of its size, is not suited to perform. Committees deal with matters such as the consideration of Bills, departmental budgets, expenditure reports, annual and other reports and, through their deliberations and intensive investigations and enquiries, submit reports or resolutions to the House for final consideration and adoption.

The composition of committees in the KwaZulu-Natal Legislature broadly reflects the numerical strength of political parties represented in the Legislature. However, the representation of minority parties is determined by their collective representation in the Legislature.

The Standing Rules of the KwaZulu-Natal Legislature provide for the establishment of management committees (committees dealing with the political management of, and procedures in, the House), portfolio committees (committees assigned a portfolio of provincial government affairs, e.g. the Portfolio Committee on Health), standing committees (e.g. the Standing Committee on Public Accounts) and ad hoc committees (committees established by resolution of the House for the performance of a specific task within a specified time frame).

The management committees consist of the Management Committee on Rules, the Management Committee on Programming, the Committee of Chairpersons and the Whips’ Forum.

The Management Committee on Rules is chaired by the Speaker and tasked with making policy with regard to the management, administration and functioning of the Legislature, financial management and budget of the Legislature, as well as proceedings, Standing Rules and Members’ facilities. It may appoint sub-committees to assist in the performance of its functions.

The Management Committee on Programming is also chaired by the Speaker and must prepare and oversee the implementation of the annual programme of the Legislature, as well as the legislative programme. It must implement the Standing Rules regarding the scheduling of the business of the Legislature and may take decisions to prioritise business, excluding business on the Order Paper.

The Committee of Chairpersons is chaired by the Chairperson of Committees. This committee is tasked with preparing guidelines for chairpersons of committees to effectively fulfill their role and to assess their performance. It may also make recommendations to the Management Committee on Rules or the Management Committee on Programming concerning the scheduling or functioning of any committee.

The Whips’ Forum is chaired by the Chief Whip of the Legislature (the chief whip of the ruling party) and co-ordinates matters for which the Whips are responsible. Each political party represented in the KwaZulu-Natal Legislature is entitled to one whip for every eight members. Minority parties, not entitled to a whip on account of their size, are collectively entitled to one whip. The main function of the whips is to ensure the smooth functioning of the Legislature, e.g. to ensure their members attend sittings and committee meetings, approval of members’ leave, acting as tellers during divisions, etc.

The Chief Whip of the Legislature, after consultation with the other whips, must arrange the business of the Legislature on the Order Paper. He/she must also ensure the effective development and implementation of the programme of the legislature, allocate seating places to members, be responsible for political consultation among the parties and with the Executive Council, and arrange the speakers’ lists for debates in the House.

The Constitution requires that all legislatures facilitate public involvement in its legislative and other processes, including those of committees. Therefore, all meetings and sittings must be open to the public, unless circumstances dictate otherwise. However, a closed session may only occur if it is reasonable and justifiable in an open and democratic society to do so. In most instances where legislation is considered, committees will hold public hearings to establish the views of interested and affected parties and to consider these views with the aim of effecting amendments to Bills where so indicated. Portfolio committees also conduct regular oversight visits to areas of concern and seek to engage all relevant stakeholders as part of conducting oversight. Regular sector parliamentary sittings are also held, such as the Workers’ Parliament, the Youth Parliament and the Women’s Parliament where members of a particular sector participate in the proceedings of the House. The Taking the Legislature to the People initiative is also aimed at reaching the people of the province to ascertain their views and to make the Legislature more accessible to all. A special unit, dedicated to facilitating public involvement, has been established and this unit facilitates public hearings and public workshops.

In conducting its constitutional role, the KZN Legislature is guided by and committed to a strategic plan which includes the following declared vision and mission statements:

• To create a province of peace and prosperity, focusing on improving the quality of life of all citizens;
• To work in co-operative governance as an integral part of the KZN provincial government, supporting the achievement of the province’s priorities;
• To meet all constitutional responsibilities, including the exercise of oversight, law-making and public participation;
• To aspire to being a modern, dynamic provincial legislature, reflecting professionalism, responsiveness and a bias to action;
• To provide a model to civil society of ethics, inclusiveness, democracy, transparency, effectiveness and efficiency;
• To demonstrate a people-centered focus on service and accountability to the public, and
• To foster public confidence and pride in the Legislature.

The KZN Legislature espouses the following strategic objectives:

• To enhance the public’s knowledge of legislation and proceedings;
• To timeously consider, pass, amend or reject legislation referred to it by the Executive Council or the National Council of Provinces;
• To initiate or prepare legislation, with the exception of money Bills;
• To maintain oversight over the exercise of the provincial executive authority in the province, including the implementation of legislation;
• To maintain oversight over budgets of provincial departments;
• To ensure that all provincial executive organs of state are accountable to the KZN Legislature;
• To ensure compliance with financial management legislation, policies and procedures;
• To establish an efficient and professional support staff to enable Members to carry out their legislative mandate effectively;
• To create a safe and secure environment within the precincts for Members, staff and the public;
• To facilitate public involvement in the legislative and other policy formulation processes of the KZN Legislature and its committees;
• To conduct business in an open and transparent manner, including the holding of legislative sittings and committee meetings in public, and
• To build capacity among the Members.

The core values to which the KZN Legislature subscribes are:

• Integrity
• Discipline
• Excellence
• Transparency
• Caring
• Altruism
• Respect for diversity