0. Legislative Framework and M&E Process 29 January 2013
Presentation 5
Legislative Framework and M&E Process 29 January 2013
Presentation to the Workshop with the Parliamentary Standing Committee on Appropriations

1. LEGISLATIVE FRAMEWORK AND M&E PROCESS
CONSTITUTION
Act Number 108 of The Constitution of RSA- mandates government to make available opportunities for youth to access education, skills and employment, and other sources of income;
PFMA
The NYDA is classified as a schedule 3A Public Entity and is regulated by specifically Chapter 6 of the PFMA, this chapter provides for the following:
Accounting Authorities (The National Board)
Fiduciary duties of accounting authorities (provides for the fiduciary duties of members of the board both individually and collectively with regards to the activities of the entity
General responsibilities of Accounting Authorities (this details the oversight role of the board members towards the entity)
Annual budgets submission (provides for formats and time frames of submission of the budgets)
Information to be submitted by Accounting Authorities (to various stakeholders, e.g Auditor General and the Executive Authority)
Annual report and financial statements (formats and time frames of submission to various stake holders)
Responsibilities of other officials ( details the responsibilities of all other officials of the entity towards the activities of the entity)
The Public Finance Management Act No.1 of 1999 is further augmented by other regulations focusing specifically on Supply Chain Management, these are:
Treasury Regulations issued in terms of the PFMA, in March 2005 which regulates the procurement of goods and services
Preferential Procurement Policy Framework Act No. 5 of (PPPFA), which seeks to empower economically the previously disadvantage people
Broad Based Black Economic Empowerment Act No. 53 of 2003 (BBBEEA), which seeks to ensure the empowerment of black people within the shareholding and management structures of various industries of the South African economy

2. LEGISLATIVE FRAMEWORK AND M&E PROCESS
NATIONAL CREDIT ACT NO 34 OF 2005
The NYDA is an authorised registered financial services provider regulated by the National Credit Act on its lending activities, this act aims to achieve the following amongst others:
The Act aims to promote a fair and non-discriminatory marketplace for access to consumer credit and for that purpose to provide for the general regulation of consumer credit and improved standards of consumer information
To promote black economic empowerment and ownership within the consumer credit industry
To prohibit certain unfair credit and credit-marketing practices
To promote responsible credit granting and use and for that purpose to prohibit reckless credit granting
To provide for debt re-organisation in cases of over-indebtedness
To regulate credit information
To provide for registration of credit bureaux, credit providers and debt counselling services
To establish national norms and standards relating to consumer credit
To promote a consistent enforcement framework relating to consumer credit
To establish the National Credit Regulator and the National Consumer Tribunal;
To repeal the Usury Act, 1968, and the Credit Agreements Act, 1980; and to provide for related incidental matters.

3. M&E FRAMEWORK AND PROCESS
MONITORING AND REPORTING
NYDA develops an Annual Performance Plan (APP) as per National Treasury Regulations;
This gets approved by Executive Authority and National Treasury (NT);
Programmes and Projects are then allocated budgets and implemented according to approved APP;
Implementing units report progress monthly and the M&E unit consolidates a monthly report of the organisation;
All information is verified using agreed upon tools before being included in the report;
Reports and verification forms are signed by Executive Managers before the Executive Manager for Research and Policy certifies the submitted reports to be meeting required standard as per the M&E framework and current year’s APP;
Quarterly a report is collated and submitted to the CEO for review and approval before submission to Executive Authority who then submit to NT;
An Internal Audit Team audits this information and provides advise to management and AG would then audit final annual performance.
Process flow cycle for NYDAs M&E system which is based on approved is attached.

4. M&E FRAMEWORK AND PROCESS
EVALUATIONS
NYDA conducts evaluations for every project implemented;
Multi year programmes such as NYS are evaluated periodically and usually by external partners for authenticity;
Results of evaluations are used to inform decision making within projects for efficiency and effectiveness;
They are also used to inform internal and external policy and decision making process by management and authorities;
Results are written in academic fashion for consumption but also packaged in simple form for consumption by general clientele;
For the past 2 years, NYDA has published electronically and otherwise, the Evaluations Compendium which is a collection of all evaluations conducted in a financial year;
We also conduct research on areas that are mandated by legislation such as the Status of the Youth Report which is a report President must table before parliament every three years;
We conduct impact regulatory assessment on legislation that is being developed or amended.