NA Presiding Officers

THE SPEAKER

The Speaker of the National Assembly is elected to and removed from office in terms of S52 of the Constitution. In terms of this section the:

• House must elect the Speaker from its members during the first House sitting
• The house may remove the Speaker by resolution
• The house must fill the position when it becomes vacant during term
• Chief Justice must preside over the election of the Speaker

The Mandate of The Speaker

The Speaker’s mandate is twofold. It is constitutional and institutional. This mandate is furthermore dual at the National Assembly and Parliamentary level. In both situations, it involves interacting with the following sectors of the global community:

• International
• Continental
• Regional
• National

Constitutional Mandate

S90 (1)(d) of the Constitution provides that in the event of the unavailability of the President the Speaker of the National Assembly must act as the President until the National Assembly designates one of its other members. S90 generally provides for the appointment of the Acting president but Ss(d) is the only one that goes on to say “until the NA designates one of its other members”. The section can be interpreted to mean that the Speaker is the only one who must act when the post of the President is vacant. Further, the use of the phrase “its other members” means that the person occupying the position of the Speaker cannot be designated as the President. It therefore makes sense that the Constitution dictates that this person as somebody who has no interest in this position therefore objective must act as the President.

The Speaker is the leader of the National Assembly. The National Assembly has authority to legislate on behalf of the state including amending the Constitution, entering into bilateral agreements, treaties and signing international Human Rights Instruments. As a leader of the House, the Speaker has to ensure that these processes are in accordance with Constitution. The Speaker has to ensure that the members of the public participate in Legislation making. She also must ensure that the house oversees and monitors the performance of the executive arm for effective implementation of legislation already passed by the House. The Speaker provides leadership to the National Assembly the House that has constitutional standing:

• To call upon its members to vote on any bill irrespective of where they from in the country
• To elect The President from the National Assembly
• From which The President appoints the Deputy President
• From which The President appoints the Cabinet Members
• That can remove the President from office
• To be consulted by the President before appointing Judicial Officers

Institutional Mandate

As the leader of the House, the Speaker has the responsibility to:

• Provide political leadership & strategic direction to the House
• Exercise impartiality at all times in pursuance of these duties

The impartiality of the Speaker is one of the prime values the integrity of South African Parliament is measured in terms of. The Speaker therefore has the responsibility of:

• Being the custodian of this integrity
• Preserving parliamentary integrity
• The decorum of the members of the House consequently.
• Serving as the Executive Authority for the House
• Ensuring the smooth running of the House business and its Committees.
• Ensuring the development and management of the House programme
• Impartially presides over house meetings & maintaining order; and chairs the strategic parliamentary committee
• Together with NCOP Chairperson jointly presiding over joint sittings

The Speaker and the Chairperson of the NCOP jointly preside over, provide political leadership and ensure the development of the annual joint parliamentary programme framework for the following structures:

• Joint Programme Committee
• Joint Rules Committee
• Executive Committee
• Presiding Officers’ Forum,
• Budget Committee
• Forum of the legislative sector called Speakers’ Forum.

The Speaker’s Forum is a national structure made up of the Speaker and the Deputy Speaker of the NA, the Chairperson and Deputy Chairperson of the NCOP; and the Speakers and Deputies from the Provincial Legislatures.

As the leader of the National Assembly the Speaker presides over the meetings of and provides leadership on:

• Programme Committee
• Rules Committee of the National Assembly

The Speaker represents the Assembly in matters before the courts. She/he is cited as respondent in matters brought against the National Assembly and initiates action against persons on mandate from the Assembly.

The Speaker of the National Assembly is responsible for provision of quality support services to the House. The administrative element of this responsibility has been delegated to the Secretary to Parliament as the Accounting Officer in terms of Parliamentary Services Act, the NA Rules and the New Governance Model. The Speaker has delegated authority to oversee the function of Parliamentary Services to the House Chairperson. He must ensure that in developing and implementing of applicable policies the Parliamentary Services is always in compliance with the laws governing administration including the Parliamentary Services Act, Labour law framework, laws governing public use of finances and parliamentary policies. He is also responsible for the transformation of the Parliamentary Service.

International Engagements

Parliament is expected to participate in global issues. The Speaker represents the institution during signing of international treaties, conventions and declarations that must locate South Africa within its strategic place within the global village.

The Speaker also hosts international delegations to the South African Parliament. She/he represents Parliament in the multilateral and bilateral relations. As a necessary consequence the current Speaker is a member of the following bodies:

• Pan African Parliament (PAP)
• International Board for Information and Communication Technology
• Southern African Development Community Parliamentary Forum (SADC-PF)
• Inter-Parliamentary Union (IPU)
• Commonwealth Parliamentary Association (CPA)

• DEPUTY SPEAKER

  Roles and Responsibilities of the Deputy Speaker

  In addition to the duties assigned to the Deputy Speaker in terms of any legislation and the Rules and Orders of the National Assembly, insofar as they pertain to the Office of the Speaker, the Deputy Speaker is assigned responsibility for the following areas:

  1. Members’ Training and Capacity Building

  • Ensuring that a strategy is in place for member’s training a capacity development;
    
  • Co-ordinating the implementation of strategy dealing with Members’ training; and
    
  • Ensuring that approved training programmes are implemented.
    

  
  

  2. PARMED

  In the capacity of Chairperson of the Board of Trustees of PARMED, ensuring that the best interests of members are safeguarded.

  3. Information Communication and Technology

  • Monitoring the implementation of the Information and Communication Technology policy; and
    
  • Collaborating with other Parliaments and relevant bodies in the pursuit of an e-Parliament strategy on how to utilise Information and Communication Technology to help Members fulfil their responsibilities.
    

  
  

  4. Language Policy

  • Ensuring that a policy is in place to guide Parliament in complying with the Constitution and other national legislation on language matters; and
    
  • Ensuring the implementation of Parliament’s Language Policy.

  
  

  5. Former Members of Parliament

  Ensuring the development and implementation of policy in respect of former Members, including–

  • Proposing and monitoring the implementation of policy on benefits and facilities for former Members; and
    
  • Ensuring that the Members support office implements the approved policies.
    

  
  

  6. Participation in Internal Structures

  Participating in various Parliamentary committees as provided for in the Rules of the National Assembly and the Joint Rules, for example, the National Assembly Programme Committee, National Assembly Rules Committee, the Joint Programming Committee and Joint Rules Committee.
  
  

  In addition to the above, any other responsibility and functions may subsequently be delegated as and when such a need arises.

• HOUSE CHAIRPERSONS

  National Assembly Rule 22 provides for the election of three House Chairpersons for the duration of the House. The rule further provides that the Speaker allocates functions and responsibilities to each House Chairperson and announces such allocation in the Announcements, Tablings and Committee Reports (ATC).

  1. House Chairperson: Internal Arrangements

  1.1 Ensuring the well-being and interests of Members, including –

  • Monitoring policies on travel privileges on behalf of Members;
    
  • Monitoring and reporting on the implementation of Members’ facilities;
    
  • Monitoring the implementation of policies in respect of Members’ leave, artworks management, exhibitions and the library;
    
  • Ensuring the implementation of policy regarding the needs of Members with disabilities; and
    
  • Parliamentary Villages.
    

  
  

  1.2 Overseeing and ensuring alignment of structures dealing with Members’ interests and facilities, including –

  • Overseeing the implementation of internal household services to members; and
    
  • Fostering and facilitating a working relationship between political representatives (Members of Parliament) and the Parliamentary administration.
    

  
  

  1.3 Receiving and providing reports on issues of Members’ Interests, including –

  • Alerting the Office of the Speaker to potential problems emanating or developments within internal arrangements; and
    
  • Presiding over the Members’ Support Forum (MSF) which deals with matters under the broad category of Members’ Interests.
    

  
  

  1.4 Co-ordinating the Board of the Parliamentary Villages Committee, including –

  • Ensuring that there is co-ordination of transport for Members to and from Parliamentary villages; and
    
  • Ensuring that concerns of Members as residents of Parliamentary villages are addressed.
    

  
  

  1.5 Participating in various Parliamentary Committees as determined in the Rules of the National Assembly, for example, the National Assembly Programme Committee, Chief Whips’ Forum, National Assembly Rules Committee and Joint Rules Committee.

  2. House Chairperson: International Relations

  2.1 Responsible for international relations, including –

  • Monitoring the development and implementation of Parliament’s International Relations Strategy;
    
  • Driving the formulation, implementation and monitoring of travel policy for Parliamentary delegations; and
    
  • Co-chairing and co-ordinating the Parliamentary Group on International Relations (PGIR).
    

  
  

  2.2 Responsible for bilateral relations, including –

  • Ensuring the establishment of parliamentary groups in relation to South Africa’s bilateral agreements;
    
  • Facilitating the establishment and/or co-ordination of friendship groups, where applicable;
    
  • Advising on bilateral engagements with incoming and outgoing delegations; and
    
  • Co-ordinating the schedule for incoming and outgoing bilateral engagements.
    

  
  

  2.3 Participating in various Parliamentary Committees as provided for in the Rules of the National Assembly, for example, the National Assembly Programme Committee, Chief Whips’ Forum, National Assembly Rules Committee and Joint Rules Committee.

  3. House Chairperson: Committees, Oversight and Public Participation

  3.1 Broadly responsible for monitoring any policy, directive or guideline on the scheduling and co-ordination of committee meetings, as well as the general management of all National Assembly committees and subcommittees, including –

  • Overseeing reporting to the Programme Committee on progress with Bills;
    
  • Overseeing the tabling in the Programme Committee of committee programmes;
    
  • Ensuring that input/concerns from the public, which are referred to committees, are attended to;
    
  • Assessing committee reports with a view to their consideration by the House;
    
  • Ensuring the provision of administrative and political support to committees;
    
  • Assisting with and coordinating committee budgets and business plans;
    
  • Monitoring committee expenditure;
    
  • Authorizing proposed committee expenditure after political approval has been obtained for any proposed activity;
    
  • Co-ordinating and facilitating committee training;
    
  • Providing guidance on best practice in respect of committee reports and oversight functions and assisting in developing an effective oversight model for this purpose;
    
  • Chairing the Committee of Chairpersons which, in terms of Assembly Rules, may make recommendations regarding any matter that affects the scheduling or functioning of any committee; and
    
  • Leading the formulation, implementation and monitoring of travel policy for Parliament in relation to committee visits internationally and nationally as well as planning and co-ordination of oversight visits.
    

  
  

  3.2 Responsible for oversight and public participation, including –

  • Responsibility for the implementation and co-ordination of the Parliamentary Oversight Model;
    
  • Facilitating the implementation of a Public Participation Model for Parliament; and
    
  • Overseeing Parliamentary public participation services.
    

  
  

  3.3 Responsible for Sectoral Parliaments, including -

  • Ensuring the development of a strategy for institutionalising sectoral parliaments;
    
  • Responsibility for implementation of the sectoral parliament initiatives; and
    
  • Responsibility for ensuring synergy and alignment between public participation processes and sectoral parliaments.
    

  
  

  3.4 Participating in various Parliamentary Committees as provided for in the Rules of the National Assembly, for example, the National Assembly Programme Committee, Chief Whips’ Forum, National Assembly Rules Committee and Joint Rules Committee.