Mandate & Activities of PC: Home Affairs in Relation to Organs of State 29 July 2014

Sources of Powers and Privileges 1. Introduction The Portfolio Committee on Home Affairs jurisdiction over three Different Organs of State : A Department- Home Affairs A Chapter 9 Institution: Electoral Commission A Government Component:Government Printing Works. The Film and Publications Board, formerly within this Portfolio has, by a proclamation of the President, been moved to the newly Established Communications Portfolio as of 12 July 2014.

2. Legal Framework Constitution (No. 108 of 1996) Public Service Act (No. 103 of 1994 as amended) Public Finance Management Act (No.1 0f 1999) Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act, (No. 4 of 2004) Rules of the National Assembly (In terms of S.57 of the Constitution) Money Bills Amendment Procedures and Related Matters Act (No. 9 of 2009)

S. 190: (Chapter 9) Functions & Composition (OISD) The Constitution of the Republic of South Africa (No. 108 of 1996) S.55: All Organs of State accountable to NA- Maintain Oversight of Executive, Organs of State and Legislation S.56:NA/Committees can -Summon/Receive submissions from any person or document. S. 190: (Chapter 9) Functions & Composition (OISD) S.195& 197:Principles of Public Admin- Ethics, Efficiency, Developmental, Equitable, Transparent & Accountable

Public Service Act (No. 103 of 1994) S.7 & Schedule 1: Home Affairs = National Department with Director General as Head. Responsible for Efficient Management incl. Staff, Property & Finances. Schedule 3 with Proclamation 58 of 2009: Government Printing Works = Government Component with Chief Executive Officer as Head

Public Finance Management Act (No.1 of 1999) S.36: Head of Department or Constitutional Institution = Accounting Officer. S.38(b): Responsible for- effective, efficient, economical & transparent use of the resources of the department, entity or institution. S.38 (j): Accounting officer of Dept to ensure effective, efficient & transparent financial management & internal control systems entities before transferring funds. S.40 (f) Submit all reports, returns, notices and other info to Parliament.

Powers, Privileges & Immunities of Parliament Act (No. 4 of 2004) S14.(2) Summon Witnesses in Terms of S.56 of Constitution of any person or document. Issued by Speaker or Chairperson of Committee concurring with Speaker. Generally only needed if not appearing on request S14.(3) Details to be included in Summons-Name, time, place, subject, purpose & documents.

Rules of the National Assembly (I.T.O: S.57 of the Constitution-NA) S 137: (2) A committee must report to the Assembly on — (a) all other decisions taken by it, except those decisions concerning its internal business & (b) its activities at least once per year. S.138: A Committee May (subject to Laws, the Rules and resolutions of the Assembly): (a) summon any person to appear before it to give evidence on oath or affirmation, or to produce documents; (b) receive petitions, representations or submissions from interested persons or institutions; (c) conduct public hearings; (d) permit oral evidence on petitions, representations, submissions and any other matter before the committee; (e) determine its own procedure; (f) meet at a venue determined by it, which may be a venue beyond the seat of Parliament; (g) meet on any day and at any time, including — (i) on a day which is not a working day; (ii) on a day on which the Assembly is not sitting; (iii) at a time when the Assembly is sitting; or (iv) during a recess. S 67. Matters sub judice- No member shall refer to any matter on which a judicial decision is pending.

Money Bills Amendment Procedures & Related Matters Act (No. 9 of 2009) S.5 National Assembly, through Committees, must annually asses the performance of each national department with reference to the following: The medium term estimates of expenditure of each national department, its strategic priorities and measurable objectives, as tabled in the National Assembly with the national budget. The expenditure reports relating to such departments published by the National Treasury in terms of section 32 reports of the Public Financial Management Act. The financial statements and annual report of such departments. The report of the Committee on Public Accounts relating to the department. Any other information requested by or presented to a House or Parliament.

USUAL YEARLY CYCLE courtesy Heinrich Böll Stiftung: People’s Power People’s Parliament 2012

USUAL LEGISLATIVE CYCLE courtesy Parliament Website