X

Oversight

Constitutional Mandate

Section 114- this section deals with the oversight function of the Legislature over the provincial Executive Council and other provincial executive organs of state.

• In exercising its legislative power, a provincial legislature may:
a) Consider, pass, amend or reject any Bill before the Legislature.
b) Initiate or prepare legislation except money Bills.
• A provincial Legislature must provide mechanisms to maintain oversight over the Provincial Executive Authority including the implementation of legislation by any provincial organ of state.

Oversight Mechanisms

For committees to conduct oversight, the tools listed below are used as per the prescripts mentioned in the above slide and these tools include:
a) School visits programme is conducted by the Committee of the Whole House twice a year in January and July.

2.1 Budget Votes

The MEC of Finance and Provincial Treasury announces the budget projections for the next financial year,

Provincial Government Departments also table budget votes

The Legislature must adopt and approve the Budget.

After the presentation of budget votes, each Committee has hearings with the respective government Department over which it exercises oversight.

This serves to determine whether the Department has kept its undertakings of the previous year and spent taxpayers’ money appropriately.

b) Consideration of the Provincial Appropriation Bill through the Budget Votes;
c) Consideration of Half Year & Annual Reports tabled by Departments as per statutory requirements (PFMA);
d) Site visits: visiting relevant service delivery related projects of the Departments overseen by committees;
e) Consideration of the audited financial statements by the Standing Committee on Public Accounts (SCOPA).

2.2 Questions for Executive reply

Putting Questions to the government is one of the ways in which the Provincial Legislature holds the government to account.

Questions for oral or written reply can be put to the Premier and Members of the Provincial Executive on the Government Departments they are assigned responsibility over.

Question time affords members of the Provincial Legislature an opportunity to question members of the Government on matters of service delivery, on behalf of their political parties or the electorate.

2.3 Members' statements

Using this process, Members of the Provincial Legislature can make statements in the House, on any matter.

2.4 Notices of motion

By giving a Notice of a Motion a member of any political party can bring up issues for debate in the Provincial Legislature, thereby helping to fulfil their oversight responsibilities.

2.5 Plenary debates

Plenary debates are another way to bring important information to the attention of the government regarding specific government programmes or legislation required to improve service delivery.

2.6 Constituency Work

Constituency work affords Members of the Provincial Legislature the greatest opportunity to conduct individual oversight.

Constituency work provides the closest form of interaction between Members of the Provincial Legislature and the public.

Members have a duty to alert the Legislature to any issues identified during such oversight interventions.