Parliament, 19 February 2007

The Adhoc Committee on Review of Chapter 9 and Associated Institutions are midway through conducting bilateral meetings with institutions supporting constitutional democracy

The multi-party committee, chaired by Professor Kader Asmal, was established by the National Assembly on 21 September 2006 for the purpose of reviewing the effectiveness, efficiency and appropriateness of state institutions supporting constitutional democracy and the Public Service Commission.

To date, the committee has met with the National Youth Commission, Public Service Commission, Pan South African Language Board, Financial and Fiscal Commission Public Protector and Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities. A self-assessment questionnaire completed by the institutions formed the basis of the discussions with the committee.

The bilateral meetings, which began on Wednesday, 24 January are scheduled until 14 March 2007. The committee has to submit a report on its findings to the National Assembly no later than 30 June 2007.

Issued By: Internal Communication

Form Professor Kader Asmal, MP Chairperson: Ad Hoc Committee on the Review of Chapter 9 and Associated Institutions

To : Mr S L Tsenoli, MP: Chairperson  on Portfolio Committee on Provincial  and Local Government

21 November 2006

Dear Lachesa


On 21 September 2006 the National Assembly adopted a motion to establish an ad hoc committee to review State institutions supporting constitutional democracy (the so-called "Chapter 9" institutions) such as the Public Protector, the South African Human Rights Commission, the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities, the Commission for Gender Equality, the Auditor-­General, the Independent Electoral Commission and the Independent Communications Authority of South Africa, as well as other associated constitutional bodies such as the Public Service Commission, the Financial and Fiscal Commission and the Pan South African Language Board. The Committee has also incorporated the Youth Commission into its work.

The Committee has embarked on wide-scale consultation with these commissions, civil society and human rights organisations. The Committee therefore felt it appropriate to ask committees in Parliament who have had direct or indirect relations with these 11 bodies for their views. In particular, the Committee would like to know your role over the years in terms of the appointment of these bodies or the degree of oversight of their functions and activities.

The Committee is trying to gather as much information as possible as 10 of the 11 bodies enjoy constitutional status in some or other form. Although the degree of independence they enjoy varies from one body to another, they are accountable to the National Assembly. The Committee would like to know your views on how this oversight role is organised and the extent to which such oversight has been successful.

I enclose a copy of the Committee's terms of reference as adopted by the National Assembly.

I would be grateful if your committee was able to make its submission by 31 January 2007 at the latest. The Committee intends to publish the names of bodies which have responded to this invitation.

Please submit your comments to Mr M Philander, tel (021) 4033746, fax (021) 403 2854, e-mail or Ms T Sepanya, tel (021) 403 3714, fax (021) 403 2854, e-mail

The Committee looks forward to hearing from you.

With my best wishes

Professor Kader Asmal, MP


Thursday, 21 September 2006J


[14:05) The Chief Whip of Hie Majority Party moved: That the House establishes an Ad Hoc Committee on the Review of State Institutions Supporting Constitutional Democracy and the Public Service Commission

(1)   the Committee to consist-of 10 members as follows: ANC 5; DA 2; IFP 1; and other parties 2;

(2)   the Committee to review State Institutions Supporting Constitutional Democracy as listed in chapter 9 of the Constitution as well as the Public Service Commission as established in chapter 10 of the Constitution, for the purpose of ­ (a) assessing whether the current and intended Constitutional and legal mandates of these institutions are suitable for the South African environment, whether the consumption of resources by them is justified in relation to their outputs and contribution to democracy, and whether a rationalisation of function, role or organisation is desirable or will diminish the focus on important areas;

(b) reviewing the appropriateness of the appointment and employment arrangements for commissions and their secretariats with a view to enhanced consistency, coherence, accountability and affordability;

(c) reviewing institutional governance arrangements in order to develop a model of internal accountability and efficiency;

(d) improving the co-ordination of work between the institutions covered in this review, as well as improving co-ordination and co-operation with government and civil society;

(e) recognising the need for a more structured oversight role by Parliament in the context of their independence; and

(f) reviewing the funding models of the institutions, including funding derived from transfers and licences and other fees, with a view to improving accountability, independence and efficiency;

(3)   the Committee to conduct its review also with reference to other organs of state of a similar nature whose work is closely related to the work  institutions covered in this review;

(4) the Committee may exercise those powers in Rule 138 that may assist it in carrying out its task; and

(5) the Committee to report by not later than 30 June 2007

Agreed to

DINGANI: Secretary to Parliament