Hon Deputy Speaker, hon Members of Parliament, esteemed guests, members of the diplomatic corps, good afternoon to you all. As elected representatives, individually and collectively, parliamentarians are both products of and custodians of the democratic values enshrined in our Constitution. These values set the tone for the discussion of issues of national concern as they occur in our society in all its glorious diversity. This House is positioned in the Constitution to lead these discussions.
The 2012 Inter-Parliamentary Union's Global Parliamentary Report, a peer review of member parliaments, reveals that our established practices and public participation, openness and transparency can be regarded as indeed exemplary. This is a rare tribute indeed for our Parliament. The Global Parliamentary Report, however, notes that the challenge facing all parliamentarians is the need to continually evolve to ensure that we respond strategically and effectively to our people's changing and growing needs. The report notes that there are three different pressures facing parliaments worldwide today, which are, one, a greater public desire for information and influence in parliamentary work; two, more accountability and responsiveness to parliamentary concerns; and, three, service delivery to meet the needs and expectations of our people.
The occasion of Parliament's annual Budget Vote is a crucial opportunity for us, as public representatives, to reflect on how we can and must continually improve on the delivery of our mandate. June is, after all, Youth Month and, therefore, a potent reminder of the legacy that we must leave for our children.
Section 42 of the Constitution stipulates that Parliament is elected to represent the people and provide a national forum for public consideration of national issues. Therefore Parliament should hold debates on issues of national importance. It is important that political parties make use of this provision and, more importantly, that they must work harder to agree amongst themselves what issues of national importance are.
Noting the gaps in our oversight capacity, we adopted an oversight and accountability model in 2009. Since then I have noted a more co-ordinated and enhanced approach to oversight by committees. However, the area of questions to the executive has continually proven to be a challenge. While it is acknowledged that the number of questions has increased, questions are an integral mechanism to hold the executive accountable, and the executive must develop the means to reply within the time limits. I have written to several Ministers to remind them of their constitutional obligations, but the improvement thus far has only been marginal. I have now directed members to table proposals at the National Assembly Rules Committee that will enhance and facilitate the questions process. I have also requested a meeting with the Leader of Government Business so that we can find a way to address this important matter. Until the Rules have changed, I urge that the Rules be complied with.
To further enhance our oversight activities, I urge that we prioritise the National Development Plan. The nine challenges identified are the most pressing - and, of course, you will all agree with me, including Minister Manuel - that these provide us with an excellent framework to guide our oversight programme, as they exemplify fundamental challenges of public policy that need to be critically examined and debated in society and in Parliament.
I am indeed deeply concerned that more and more legislation is returned to the National Assembly for correction, either section 75 legislation which the NCOP has recommended that the Assembly amend to make it constitutional, or legislation that was found to be unconstitutional by the courts. This speaks both to the constitutionality of the legislation passed as well as to its quality.
Section 44(4) of the Constitution provides that: "When exercising its legislative authority, Parliament is bound only by the Constitution, and must act in accordance with, and within the limits of, the Constitution". Because we are a constitutional state, all laws must pass the test of constitutionality. In this regard, we must ensure that, at all times, the laws we make are in keeping with the letter and spirit of the Constitution.
The recent judgment of the Cape High Court in Director of Public Prosecutions, Western Cape v Prins, highlights and reiterates that the legislation that we pass has a huge impact on our citizens. We must take the utmost care to ensure that the law shields and protects the most vulnerable in our society. In this judgment it was held that 29 sexual offences listed in the Sexual Offences Act did not contain a penalty clause. An accused found guilty of any of these offences could not be sentenced. These 29 offences include various types of rape, as well as many sexual offences against children.
The poor quality of legislation is often the consequence of inadequate scrutiny. As the subject matter of legislation becomes more sophisticated and highly technical, our Parliament and members must become more professional. This requires the necessary capacity both in terms of technical support by the officials and capacity-building for members. The report of the Independent Panel Assessment of Parliament noted in this regard that Parliament did not have sufficient capacity when it came to drafting and amending legislation. The Constitutional and Legal Services Office in Parliament was instructed to establish a legal drafting unit. A proposal has been approved, and the process is now under way to staff the unit and get the ball rolling.
As you know, we have an abundance of willing and able stakeholders, including academia, research institutions, special-interest groups and civil society, who, on an ongoing basis, are able to ensure that we have access to independent resources of specialised knowledge and information. We should, I suggest, make maximum use of them.
In so far as public participation is concerned, Members of Parliament should take responsibility for safeguarding the integrity of the participation process, particularly for the poor and the marginalised. The quality and effectiveness of public participation cannot rest on simply providing a space and an opportunity for submitting comments. Public participation can only be effective if inputs find expression in parliamentary processes.
A task team of the Joint Rules Committee is currently looking at creating a model to facilitate public participation in parliamentary processes. This project has been far too long in the making and concrete proposals need to come out of the endeavours of the task team as a matter of urgency.
Earlier this year, Deputy President Motlanthe asked us to consider whether we were accessible enough to the people we represent. He also asked us to use our constituency offices as spaces for dialogue and engagement. I agree. Let us use our constituency periods and constituency offices more effectively and creatively. In my discussions with the Chief Whips of political parties, I will continue to encourage the implementation of more stringent reporting requirements on constituency work.
It will be recalled that the current set of Rules of the National Assembly was agreed to in 1996 when the Constitution came into effect. Since the adoption of the Rules, Parliament has continued to develop and refine its structures, procedures and proceedings to ensure that they allow the legislature to discharge its responsibilities effectively. It has become increasingly evident that a comprehensive review of the Rules is required to ensure that they do not hinder but, rather, help us in discharging our mandate and that they are also in line with our Constitution.
The report of the Joint Subcommittee on Delegated Legislation is a matter that has been outstanding for a considerable period of time. I cannot emphasise enough the importance of this committee and the urgency we need to attach to its establishment. The work of the committee involves ensuring that the regulations passed by the executive are in line with our Constitution and the objectives and intentions of the Acts, which provided for such regulations.
The enactment of the Financial Management of Parliament Act ensures the independence of Parliament. The only outstanding matter is the implementation of the oversight mechanism. The Parliamentary Oversight Authority currently performs some of the functions of the proposed oversight mechanism and, as such, there is a need for further discussion to avoid this duplication.
In 2009 the Money Bills Amendment Procedure and Related Matters Act and the Financial Management of Parliament Act came into effect, giving Parliament the ability to amend the money Bills. Our study tours have revealed that we need to approach the establishment of the budget office with circumspection to ensure that the model implemented will respond to our circumstances and will deliver on what the Act has intended. We have established that there have been a number of failed budget offices in other parliaments primarily because they failed to support the work of Parliament.
In this regard Parliament's presiding officers seconded Prof Mohammed Jahed from the Development Bank of Southern Africa to assist with the establishment of the parliamentary budget office. [Applause.] Prof Jahed, sitting in the Speaker's Bay today, has worked with Parliament in the past two years conducting workshops on the developing, understanding and implementing of the budget office, and was also part of the study tour to Japan and South Korea. We thank you, Prof Jahed. [Applause.]
Since the promulgation of the Money Bills Amendment Procedure and Related Matters Act, a number of challenges have been documented. These challenges relate mostly to the impractical time frames stipulated in the Act. The matter has been referred to the Standing Committee on Finance for it to draft appropriate amendments. We need to deal with the challenges so that the budget office can be established as soon as possible.
As you all are aware, Parliament's budget enables us to fulfil our constitutional mandate, to assist political parties represented in Parliament to secure administrative support, to service constituents and to provide Members of Parliament with the necessary facilities.
For these purposes, our programmes are divided into five key areas. These are administration, legislation and oversight, public and international participation, members' facilities, and associated services, that is financial support to political parties in Parliament. Specifically, our Fourth Parliament has prioritised the strengthening of the oversight function, increased public participation, improved co-operative government, expanded Parliament's role in international relations, as well as building a truly people's Parliament.
With respect to Parliament's role in international relations, global interdependence also calls for more participation and accountability in global decision-making. Empowering people to influence decisions that affect their lives and hold their rulers accountable is no longer just a national issue. In an integrated world these democratic principles have a global dimension, because global rules and actors often affect people's lives as much as national ones.
As a Parliament, we remain committed to working towards the consolidation of the African agenda through our participation in the regional and continental multilateral structures, in particular the Pan-African Parliament and the SADC Parliamentary Forum. The South African Parliament continues to participate in and support the programmes of the SADC Parliamentary Forum, including its elections observer and monitoring missions. As you may know, Parliament sent a small team to Lesotho over the weekend to monitor the elections there.
Parliament co-hosted the Inter-Parliamentary Union and the 17th Conference of Parties and the climate-change meeting on the margins of the United Nations' COP 17 climate-change conference in Durban in December 2011. This concluded with a formal declaration by all IPU member parliaments to place climate-change issues at the centre of the work of parliaments globally. It is important that we monitor the resolutions of the United Nations Framework Convention on Climate Change and the commitments made by our governments in that regard.
At a bilateral level, Parliament has hosted delegations from the People's Republic of China, Kenya, Vietnam, Botswana, the Slovak Republic, Argentina, Syria, Indonesia, the Russian Federation and Japan, and, most recently, the President of India, President Pratibha Devisingh Patil, paid a courtesy call to our Parliament.
More engagements have been identified. For instance, in June Parliament is sending a delegation to participate in the forthcoming World Symposium on Sustainable Development at Universities to be held in Rio de Janeiro.
With respect to the greening of Parliament, we have established a committee to work on concrete proposals on how our carbon footprint can be reduced. Parliament should be an example to all government departments and society at large of why and how environmental concerns must be central to the way we work and the way we do things.
Chapter 3 of our Constitution requires us to work co-operatively with different spheres of government. As you know, provincial speakers meet with the presiding officers regularly within the Speaker's Forum. In March Parliament hosted a very successful international consultative seminar, which is an annual event of the South African legislative sector and the European Union. It is aimed at advancing our strategic partnership by sharing perspectives and best practices.
In this month the presiding officers also met with the Chief Justice Mogoeng Mogoeng to discuss matters of mutual interest and areas of co- operation. We have agreed to meet once a year and as often as there are urgent matters to discuss.
I would like to take this opportunity, before turning to the actual allocation for the year 2012-13, to report on the matter of the Secretary to Parliament and the chief financial officer. As members are aware, the Secretary to Parliament and the chief financial officer were placed on special leave to allow the investigation by the Auditor-General into the salary advance payment to the Secretary to Parliament with regard to the construction of a perimeter wall at his residence.
The report of the Auditor-General was received and tabled at a special meeting of the Parliamentary Oversight Authority, POA. The POA considered and accepted the report and the recommendations by the Auditor-General. In this regard Parliament will formally engage with Mr Dingani and the chief financial officer, Mr Mondo, regarding the processes to follow. Both Mr Dingani and Mr Mondo have been on special leave since March 26. The Deputy Secretary, Mr Michael Coetzee, has been the Acting Secretary to Parliament. We will, of course, report to the House once the processes have been completed.
With respect to annual expenditure, Parliament's budget allocation for the 2012-13 financial year is R1,333 billion. As you are aware, this budget is divided into five programme areas. The allocation for Programme 1: Administration is R392 million, an increase of 6,5% from the R368 million of 2011-12. The allocation for Programme 2: Legislation and Oversight is R311 million, an increase of 4,3% from the R298 million of 2011-12. An amount of R55 million of the R311 million is allocated to committees, an increase of R5 million or 10% for the financial year. The allocation for Programme 3: Public and International Participation is R118 million, an increase of 8,2% from the R109 million for the 2011-12 financial year. The allocation for Programme 4: Members' Facilities is R200 million. The hon Skosana will talk more on this issue. The allocation for Programme 5: Associated Services Providing Financial Support to Political Parties totals R311 million, an increase of 4,3% from the R298 million of the 2011-12 financial year. Members' remuneration is a direct charge against the National Revenue Fund and amounts to R430 million.
For the past three years, Parliament has received unqualified reports from the Auditor-General. [Applause.] With regard to the specific findings of the report of 2010-2011, the presiding officers deemed it necessary to implement an accelerated programme to improve the financial management environment of Parliament. The most visible and immediate accomplishment of the project was to reduce the number of Auditor-General findings from 115 in 2010 to fewer than 10 in 2011. We continually endeavour to improve the performance of our systems of financial control and management.
Since the First Parliament, the Joint Rules Committee has been discussing the issue of the absence of members from the sittings of the House and its committees. On a number of occasions I have expressed concern about the lack of a policy on members' attendance and enjoined parties to speed up the process to finalise the matter. Attendance, as you know, affects the core business of Parliament, as many a time the business of the House cannot proceed without a quorum, and a solution has to be found.
There should be an implementable policy governing members' attendance. Otherwise the wrong signal will continue to be sent to the public, which is that there are no consequences for members who do not attend the proceedings of Parliament. [Applause.] Two years ago, a draft attendance policy was referred by the Parliamentary Oversight Authority to the Chief Whips' Forum for processing. After I strongly raised my concerns at the past two Joint Rules Committee meetings, it has been agreed that the matter will be finalised at the next meeting of the Joint Rules Committee to be held on 31 July 2012.
I want to conclude with the most urgent and pressing issue in our country today, and that is the condition of our children. The United Nations Children's Fund released a report last week in which it offered detailed insight into the unnecessary deaths and the devastating living conditions of South Africa's children, and demands that government take immediate action. With 11,5 million of the country's 19 million children living in poverty - and 7 million living in 20% of the poorest households - the report shows poor children are 17 times more likely to experience hunger and three times less likely to complete school than children from wealthier backgrounds. The report, titled "A Programme of co-operation between government and Unicef, 2013 to 2017", shows how far South African children still need to travel, as the homes of 1,5 million children rely on streams for drinking water, 1,5 million children live in houses with no flushing toilets, and 1,7 million live in shacks. This week government has identified as Child Protection Week. We have heard and witnessed many harrowing and disturbing stories of the abuse of children in our communities. The question that we need to ask is what Parliament, and members, can and should do to ensure the quality of life and protection of our children. We should remember that we are here to make a big difference - indeed, a big difference - to their lives.
Notwithstanding our many achievements, former President Mandela also reminded us that: "Apartheid continues to live with us in the leaking roofs and corrugated walls of shacks, in the bulging stomachs of hungry children, in the darkness of homes without electricity, and in the heavy pails of dirty water that rural women carry for long distances to quench their thirst."
Amilcar Cabral reminds us that: "We must preserve for our children the best that we have learned; they are the flowers of our struggle". I thank you. [Applause.]