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Oversight

Role of the Legislature

Section 114 of the Constitution provides for powers of provincial legislatures. In terms of the powers of provincial legislatures, the Constitution states that a provincial legislature must provide mechanisms to ensure that:

  •  All provincial executive organs of state in the province are accountable to it;
  •  Maintain oversight of the exercise of provincial executive authority in the province, including the implementation of legislation, and any provincial organ of state.

    • Committees have the power to summon MECs and Department officials to answer questions relating to spending of budgets allocated to departments by the Legislature including the delivery of services to the public. The MECs must be prepared to answer difficult questions on how they are delivering services to the people of KwaZulu-Natal and how monies are spent in terms of appropriated budgets and annual plans. Committees can also undertake investigations into activities by government departments and such investigations are often open to the public.

    The Legislature allows the people of KwaZulu-Natal to participate in law-making and oversight processes. It is a Constitutional requirement that the Provincial Legislature affords citizens an opportunity to partake in legislative processes.

    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 channeled 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 Coordinator. Replies to Questions must be submitted electronically. The Register of Questions should be sent to the Leader of Government Business on a weekly basis.