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Portfolio Committees

What are Portfolio Committees?

Portfolio Committees are the "engine" of the Provincial Legislature and play a vital role in the process of building democracy and facilitating public involvement in the Legislature. The Committee system of the Legislature is one of the most important mechanisms for ensuring efficient, transparent government and allowing public input in the law-making process. Discussions and debates cannot be held in detail during the sittings of the House. Portfolio Committees have therefore been formed to do most of the detailed work such as considering and scrutinizing Bills and dealing with issues related to the work of the Members of the Executive Council (MECs) and their respective provincial government departments.

Portfolio Committees play a vital role in facilitating public participation by providing forums such as public hearings for the public to air their views and make submissions regarding issues. A public hearing is a meeting where a Portfolio Committee hears the views of the public (usually about a Bill or a petitions-related issue). Public hearings are held in cities, towns, and villages throughout the Province to accommodate all the people in the Eastern Cape province. Public hearings are advertised in the media. Local government, community structures, political parties, and organisations, as well as identified stakeholders, are individually invited to attend the hearings to make submissions or raise concerns.

Your voice needs to be heard. Take control of your life and aid your community by attending public hearings and participating in the legislative processes. You can also petition the Legislature, so that one of its Portfolio Committees can look into your concern.

Who serves on these committees?

All Members of the Provincial Legislature (MPLs), with the exception of the Members of the Executive Council (MEC), are appointed to serve in one or more Portfolio Committees.

The size of the committees varies between 6 and 15 MPLs, and all political parties are represented. This ensures that every political party has the chance to have its say on topics under discussion.

What powers do these committees have?

The Committees have the power to initiate and introduce legislations, to call and examine witnesses, and call for documents and books.

Committees consider Bills and matters referred to it and make recommendations to the House. Before a Bill goes before a sitting of the House, it is taken to the Portfolio Committee that deals with the particular subject (for example, a Bill that deals with any educational issue will be referred to the Portfolio Committee on Education). Members of the Portfolio Committee will discuss the Bill, take into account any comments made by the public and suggest changes to be made to the Bill. The Portfolio Committee can even recommend that the Bill be rejected.

In terms of the Constitution of South Africa, the Provincial Government is accountable to the Legislature. This accountability function of the Legislature is carried out through the Portfolio Committees. Committees oversee Government Departments and call MECs and departmental officials to account. Portfolio Committees have the right to call on MECs and departmental officials to explain their actions. This oversight function is further enhanced by the Legislature's responsibility of studying and passing the annual budgets of the provincial government departments. MPLs have to ensure that the money allocated is spent wisely and that there is no wastage or corruption.

Committees of the Legislature

Establishment of Committees of the Legislature. The following Committees shall be established for the duration of each term of the Legislature:
(a) Rules Committee;
(b) Executive Committee;
(c) Committee of Chairpersons;
(d) Committee of Enquiry into Contempt;
(e) Programming Committee;
(f) Whips Committee;
(g) Women's Caucus;
(h) Legislature Oversight Committee,
(i) Public Accounts Committee;
(j) Money Bills Amendment Committee;
(k) Public Participation, Petitions and Education Committee; and
(l) such other committee as may be established by a Resolution of the Legislature or by the Speaker.

Establishment of Portfolio Committees

(1) There is a Portfolio Committee for each portfolio in the Executive Council of the Province provided that one Portfolio Committee may be responsible for one or more Portfolios in the Executive Council.
(2) A Portfolio Committee is known by the name determined for it by the Rules Committee.

Powers and functions of Portfolio Committees

(1) A Portfolio Committee must, in accordance with these Rules or other terms of reference:-
(a) ensure that all provincial organs of state are accountable to it;
(b) maintain oversight of the exercise of provincial executive authority or any provincial organ of state in the province, including the implementation of legislation;
(c) consider or deal with Bills or other matters which are referred to it by the Speaker or by resolution of the House;
(d) consider or deal with an appropriation or money bill, or any aspect of an appropriation or money bill, referred to it by the Speaker or the House;
(e) monitor, investigate, enquire into, and make recommendations relating to the legislative programme, budget, rationalisation, restructuring, functioning, organisation, structure, personnel, policy formulation or any other matter it may consider relevant, of the Provincial Departments, organs of state or Departments falling within the category of affairs assigned to the committee; and (f) perform other functions, tasks and duties as may be prescribed by the Constitution or under an Act.

(2) A Portfolio Committees may –
(a) hear oral evidence and call for papers, which oral evidence may, by resolution of the committee, be recorded and transcribed;
(b) consult and liaise with Provincial Departments; and
(c) ensure the attendance of any person at a meeting of the Committee in terms of the Evidence and Information Before the Eastern Cape Provincial Legislature Act, 2007 (Act 4 of 2007(EC).

(3) In the absence of a decision by the House, the Speaker decides to which committee a matter must be referred.

Duration of Portfolio Committees

(1) A Portfolio Committee continues for the duration of the Legislature, and may conduct its business whether the Legislature is sitting, not sitting, or in recess.
(2) The Rules Committee may disestablish, merge or establish a Portfolio Committee at any stage during the term of the Legislature.

Ad Hoc Committees

Establishment of an Ad Hoc Committee 61.1
(a) An ad hoc committee may be established by resolution of the House, or when the Legislature is not in session, by the Speaker after consultation with the Chief Whip of the Majority Party and the Leaders of parties represented at the Legislature.
(b) A decision by the Speaker to appoint an ad hoc committee must be tabled in the Legislature for ratification at the first sitting day after the decision is taken.
(c) An ad hoc committee appointed in terms of sub-rule (1) shall continue to function until it has completed the functions for which it was established or has been discharged from its function.
(d) The Rules, powers and privileges applicable to Portfolio Committees are applicable to an ad hoc Committee of the Legislature.

Rules Committee

Establishment of Rules Committee 52. There shall be established a Rules Committee for each term of the Legislature. The Speaker shall appoint the Rules Committee for the duration of the Legislature as the supreme committee of the House, to perform functions entrusted by the rules or resolutions of the House.

List of Committees

Committee NameCommittee Chairperson