CHIEF DIRECTORATE: STATE LAW ADVISORY SERVICES


The AUDIT of and COMPLIANCE with, LAWS Project (2011 - 2014)

 

1. BACKGROUND

1.1 In striving for the fulfilment of its vision (To be the centre of governance, providing leadership in creating a better life for all) and mission (To support the Premier in carrying out Constitutional and Legal mandates), the Office of the Premier has identified Strategic Goal 5: To oversee the development and implementation of legislation.

 

This Strategic Goal has been operationalised in the 2011/ 2012 Operational Plan of the CD: State Law Advisory Services in the Office of the Premier and the 2011/2012 Operational Plan of the Branch: Institutional Development and Support in the Office of the Premier.

 

The following two measurable objectives have been identified –

(1) To monitor the Provincial Legislative Programme from the perspective of the Provincial Executive through co-ordinating structures such as the KZN PSLF, CoHoD and the G&A Technical Cluster.

 

(2) To monitor the implementation and administration of all laws across the Province falling within provincial competence by –

(a) co-ordinating and facilitating audits of all legislation administered by the respective Provincial Departments; and

(b) receiving and evaluating reports by the respective Provincial Departments on the implementation and administration of laws within their sphere of responsibility or falling within provincial competence,

through co-ordinating structures such as the KZN PSLF, CoHoD and the G&A Technical Cluster.

1.2 In respect of the first measurable objective, it would be necessary that Provincial Departments submit Quarterly Reports on their Legislative Programmes and the ongoing rationalisation and review of Provincial Legislation administered by them. These Reports must be channelled through existing co-ordinating structures such as the KZN PSLF (KZN Public Sector Lawyers’ Forum), CoHoD and the G&A Technical Cluster.

 

A draft document/ template in respect of the 2011/ 2012 Legislative Programme has been distributed and will form the basis for monitoring the Provincial Legislative Programme from the perspective of the Provincial Executive.

 

At this point it may be prudent to highlight certain constraints which have been experienced in the Province in relation to draft legislation.

 

Some Provincial Departments are slow in submitting draft legislation for certification and slow in obtaining Executive Council (Cabinet) approval for introduction of certified legislation in the Provincial Legislature.

 

It is imperative that Provincial Departments formulate policy on a wide range of matters within their competence and sphere of responsibility as it is neither possible nor desirable to draft legislation in a policy vacuum.

 

This general lack of settled policy required to underpin new legislation should not, however, impact negatively on progress within Departments with mere “technical” rationalisation in respect of aligning old and existing legislation with the Constitution and post 1994 legal frameworks and establishing a legal basis by means of enabling provisions for existing Departmental functions, activities and practices not previously or currently authorised or regulated by law.

 

Public sector lawyers attached to the respective Provincial Departments must be requested and encouraged to make a renewed commitment to this “technical” rationalisation process in respect of existing legislation. A commitment from Heads of Department and Members of the Executive Council is also required to promote and support these efforts to promote legislation also dealing with this more “technical” type of rationalisation as may be proposed by their internal legal components, the CD: State Law Advisory Services in the Office of the Premier or the KZN PSLF) KZN Public Sector Lawyers’ Forum, despite the fact that such laws, generally, will not produce much in terms of excitement, publicity and political accolades.

 

At times, it is also apparent that Members of the Executive Council may be acting more slowly than may be desired by Portfolio Committees of the KZN Provincial Legislature in relation to the introduction of legislation regarded as critical, desirable or appropriate by the Portfolio Committees.

 

 

1.3 In respect of the second measurable objective, it would be necessary for the Office of the Premier to co-ordinate and facilitate a Project through co-ordinating structures such as the KZN PSLF, CoHoD and the G&A Technical Cluster. It is envisaged that the actual work will be done within the respective Provincial Departments and Provincial Departments will submit Reports (on a Quarterly basis, unless otherwise specified), to the KZN PSLF, CoHoD and the G&A Technical Cluster. 

 

The proposed Project Plan in this regard appears here.

 

 

1.4 As the role of Managers: Legal Services attached to the various Provincial Departments will be central to the proposed Project and that given that the primary reports and inputs will be made to the KZN PSLF, it is critical that colleagues (HoDs) ensure that their Managers: Legal Services commit themselves to their envisaged role in the Project and also regularly attend, and contribute to, meetings of the KZN PSLF. Where the Manager: Legal Services of a legal component is, for justifiable reasons not able to attend, he or she must ensure that they send a representative (duly and properly informed and briefed) to attend and participate and report as may be required, on behalf of the relevant Manager: Legal Services.

 

 

1.5 The finer detail of the processes to be followed at CoHoD and the G&A Technical Cluster in respect of these matters will be communicated in due course.

 

 

1.6 The co-operation of all provincial Departments in these matters is much appreciated and is central to the success of the Office of the Premier in fulfilling its monitoring and co-ordinating role in respect of its important Strategic Objective pertaining to the monitoring and oversight of the development and implementation of legislation.

 

 

2. PROJECT PLAN

The proposed Project Plan in this regard appears here.

 

 

3. PROJECT PLAN REPORTING TEMPLATE

The proposed Project Plan Reporting Template for Departments appears here.

 

 

4. PROGRESS WITH PROJECT

Since the launch of the Project in June 2011, good progress is being made in accordance with the Project Plan.

 

 

5. PROJECT CLOSE-OUT REPORT

The Close-out Report will appear in 2014.

 


 

Click on the link to access a document setting out details of all Laws Assigned to KZN.