Hon Speaker, hon Deputy President, hon Ministers and Deputy Ministers, hon members, today we are tabling the following report to the National Assembly for consideration: The Report of the Ad hoc Committee on Commission for Gender Equality Forensic Investigations, dated 19 April 2011.
The Ad Hoc Committee on Commission for Gender Equality Forensic Investigation was established by the Acting Speaker on 19 October 2010 and ratified by the National Assembly on 26 October 2010. Its mandate was to consider and report to the National Assembly on the Auditor-General of South Africa's report to Parliament on an investigation at the Commission for Gender Equality, GCE, on allegations of financial impropriety, maladministration and improper conduct at the GCE and the report of the Public Protector on an investigation into complaints relating to misconduct and maladministration in connection with the affairs of the CGE. The committee was expected to report by 26 November 2010. But, due to time limitations, the deadline was extended to 31 March 2011.
The CGE is established in terms of the Constitution's Chapter 9 institutions supporting democracy and under its own legislation. Its mandate is defined in section 187(1) of the Constitution, which is, among others, "to promote respect for gender equality and the protection, development and attainment of gender equality". As is the case with other Chapter 9 institutions, the CGE is independent but accountable to the National Assembly. It must report on its activities and the performance of its functions to the National Assembly at least once a year.
This is a summary of the ad hoc committee's observations. The committee received reports from all the relevant stakeholders and interacted with them for inputs and clarifications. These stakeholders include the CGE, Auditor-General, National Treasury and the Public Protector. Following due consideration of the report's findings, recommendations of the Auditor- General and the Public Protector the following were observed, among others:
The CGE has many challenges to overcome on matters of corporate governance and leadership. Many of its problems are not unique but are similar to those affecting all other Chapter 9 institutions. Its establishment legislation is outdated. There is no clarity in role functions between commissioners and the secretariat. It has capacity problems resulting in the continuous floating of and noncompliance with a Public Finance Management Act of 1999. The required number of commissioners had not been appointed at the time.
Regarding the committee's recommendations, based on the assessments, findings and observations of the relevant reports, as mandated, the committee recommends that the National Assembly considers the report and recommendations as outlined. The following are among the recommendations included in the report that would require urgent consideration by the National Assembly:
The Commission on Gender Equality Act, Act 39 of 1996 is revised expeditiously to be in line with the Constitution of the Republic of South Africa, 1996, and the Public Finance Management Act, Act 1 of 1999. The National Assembly urgently facilitates the process of filling the vacancies within the commission, and that has to be done in line with the revised Commission on Gender Equality Act, Act 39 of 1996. The National Assembly considers the report of the Ad Hoc Committee on the Review of Chapter 9 and Associated Institutions to the National Assembly, dated 31 July 2007. A policy guiding relations between commissioners and the CGE secretariat is clarified within three months of this report being considered and the policy is submitted to the National Assembly. All other recommendations are outlined in details in the report. Thank you.
There was no debate.