AD HOC COMMITTEE ON THE REVIEW OF CHAPTER 9 AND ASSOCIATED INSTITUTIONS

QUESTIONNAIRE

Please read the following to assist you with the completion of the questionnaire:

a) This questionnaire has five sections. Please answer ALL questions. Where a question does not apply to your institution, your answer should indicate accordingly.

b) Please respond to questions in the same sequence as the questionnaire.

c) Provide detailed responses in a concise manner.

d) Please e-mail completed questionnaires preferably by 15 December 2006, but not later than 10 January 2007 to mphilander@parliament.gov.za

A. Role and Functions of Institution

1. How do you view your institution's constitutional/legal mandate? In other words provide a description of your understanding of your institution's constitutional/legal mandate.

2. What role or function does your institution perform that is not carried out by other institutions, whether in government or civil society?

3. In what way, if any, does the role and function of your institution overlap or potentially overlap with other Chapter 9 institutions?

4. What outcomes do you strive for in order to realise the constitutional/legal mandate set out in 1 above?

5. Does the empowering legislation governing your institution provide a clear, workable, and comprehensive legal framework that supports and empowers the institution to successfully fulfil its core mandate?

6. What mechanisms do you have in place to measure the outcomes set out in 4       above, and how do you assess the effectiveness and impact of your work?

       7. Have you carried out any evaluation looking at the success or otherwise of your functions, especially in relation to recommendations sent to government, parliament or other public institutions?

8. What have been/are the major constraints facing your institution and how have these impacted on its ability to achieve its mandate?

B. Relationships with other bodies

9. How do you view your institution's relationship with the executive and Parliament, given its constitutionally guaranteed independence and impartiality and the constitutional requirement to be accountable to the National Assembly? In particular please address the following issues:

a. What legal and other mechanisms are in place to ensure and strengthen your institution's independence;

b. What mechanisms are in place to facilitate reporting to (and being accountable to) the National Assembly;

c. How do you view your relationship with the executive and under what circumstances do you engage the executive.

10. Is Parliament currently effectively fulfilling its oversight role over your institution? If not, how can this be improved?

11. What was the intended relationship of accountability between your institution and other institutions supporting constitutional democracy and the different branches of government? To what extent have these relationships been realised?

12. Does your institution have any official or informal relationship with other Chapter 9 institutions or institutions of a similar nature? If yes, describe the nature of this relationship and the outcomes envisaged and generated by this relationship.

13. What is the extent of collaboration and coordination of the work carried out by your institution and similar/related work carried out by other Chapter 9 institutions or institutions of a similar nature? Give examples of successful initiatives in this regard.

c. Institutional Governance

14. What are the institutional governance arrangements in your institution? Are these arrangements clearly set out and do they allow for a smooth running of the institution? Is there a clear, logical and workable division between the members of your institution appointed by the President on advice of the National Assembly and the secretariat? What suggestions do you have to improve the institutional governance arrangements?

15. Does your institution have mechanisms in place to deal with internal conflict in your institution? If yes, what are these mechanisms and are they effective?

16. What mechanisms are in place for Chief Executive Officers, Chairpersons and Commissioners to disclose and/ or seek permission for private commercial/financial interests or involvement? Are such mechanisms effective or sufficient to ensure transparency and avoid conflict of interest?

D. Interaction with the public

17. What was the intended relationship between your institution and the public? To what extent has this relationship been realised?

18. Does your institution have mechanisms in place to deal with complaints by the public about the work done by your institution or the failure to attend to issues?

19. If you deal with public complaints, what mechanisms are in place to deal with such complaints, to follow through on such complaints and to successfully resolve such complaints?

E. Financial and other resource matters

20. Give an indication of your budget allocation, additional funding and expenditure over the past five years.

21. Please provide detailed information of the remuneration packages for office­ bearers and Commissioners.

22. Please illustrate the budget process followed by your institution, including the process of allocation of funds.

23. Are the current budgetary and administrative arrangements sufficient to ensure autonomy of Chapter 9 institutions?

24. To what extent are the resources allocated to your institution directly spent on meeting its key responsibilities?

25. Please tabulate the full staff complement of your institution, including all executive and non-executive staff. Please separate staff in the head office from regional offices, where applicable.