Order! Hon members, I have indicated to the Chief Whip of the Council that the Chairperson would like to make a brief statement on the role of the National Council of Provinces.
In recent months a number of members of provincial legislatures have approached my office with various complaints or grievances pertaining to the provincial executives and requesting the involvement of the National Council of Provinces. It is clear that there is a misconception about the role of the National Council of Provinces. It is that which I now wish to clarify.
In terms of the Constitution, a provincial executive is an autonomous institution bound only by the Constitution and the provincial constitution, if any. The NCOP only has those functions and powers given to it by the Constitution or other legislation. It is a body that represents the provinces, as is evident from section 42(4) of the Constitution. The NCOP, however, does not have oversight of the provinces or any provincial functionary or body except in so far as a power to that effect has been conferred upon it by statute.
Furthermore, the co-operative governance provisions in chapter 3 of the Constitution enjoin all spheres of government to observe and respect the constitutional status and not to encroach on, amongst other things, the institutional integrity of government in other spheres. I thought it important that the Chairperson make this statement, given the correspondence she often receives. I trust that this has served to clarify the matter, and that this statement will be transmitted to the Speakers of provincial legislatures so that they may use it as they wish. I thank you.