Page 38 - WCPP Annual Report 2021-22_Draft #7.6.2

Annual Report for the 2021/22 Financial Year
Vote 2: Western Cape Provincial Parliament
Part B: Performance Information

for Children; public involvement; repeal of the Sea Shore Act, 1935; and disclosure of an
inves ga on report into the alleged conduct of a provincial Minister.

Legal Support Unit provided advisory support to the administration and the Office of the Speaker in
respect of matters such as: review of a Presiding Officers Manual concerning enabling allowances; an
inves ga on regarding allega ons of fruitless and wasteful expenditure; repor ng requirements;
compliance with the Protec on of Personal Informa on Act, 2013; electoral laws amendments; the
Poli cal Par es Funding Act, 2021; oversight of local government; a proposed dra Legisla ve Sector
Bill; cons tu onality of certain aspects of the Financial Management of Parliament and Provincial
Legislatures Act, 2009; the filling of vacancies in the legislature; protocols for engagement with the
na onal execu ve, and the issue of oversight; interpreta on of the standing rules; the legislature’s
policy framework; support in respect of inves ga ons by other line func ons; compliance with the
Promo on of Access to Informa on Act, 2000; the iden fica on of essen al services for purposes of
implementa on of regula ons regarding the COVID-19 pandemic; a policy to deal with conflict of
interests; conflict of laws; the Occupa onal Health and Safety Act, 1993; the Powers, Privileges and
Immuni es of Parliament and Provincial Legislatures Act, 2004; CCMA concilia ons and arbitra ons,
and other labour ma ers; the Protec on of Informa on Act, 1982; de-proclama on of a nature
reserve; a policy to allows for paid social media; various risk management ma ers; amendment of
the administra on’s recruitment and selec on policy; the candidacy of staff members for elec ons;
a payment dispute with a service provider; random searches by the South African Police Service;
retrospec ve amendment of policy provisions; implementa on of party lists; support in respect of
an ongoing inves ga on by the South African Police Service in respect of alleged fraudulent enabling
allowances claims by a former member; a dra Legal Compliance Framework for the administra on;
and liability assessments in respect of lost assets.

As far as li ga on is concerned, the Unit provided advisory support in respect of: an ongoing
applica on pending in the Labour Court for review of a CCMA arbitra on award; an applica on filed
in the Cons tu onal Court concerning the adequacy of public involvement in respect of the
Tradi onal and Khoi-San Leadership Act, 2019; and an applica on filed in the Western Cape High
Court concerning the adequacy of public involvement in respect of the Western Cape Racing and
Gambling Nineteenth Amendment Act, 2019.

The Unit was also involved with the work of the Procedural Hub. The Hub seeks to bring various line
func ons of the administra on together to discuss and make recommenda ons on procedural
ma ers and rules review. In this regard, the Unit provided advisory support in respect of various
proposed amendments to the legislature’s standing rules, and ma ers such as introduc on of
ordinary members Bills.

Risk Management

The WCPP has been able to implement the ERM Strategy and Plan 2021/22 successfully in the
context of the restric ons brought about by the COVID-19 pandemic. The ERM Strategy and Plan
was reported on at the WCPP Governance Commi ee (GOVCOM) and the Governance and
Administra on Cluster Shared Audit Commi ee on a quarterly basis.

The annual risk maturity assessment was conducted with the GOVCOM to inform the ERM Strategy
and Plan for the 2022/23 financial year. In addi on to the internal assessment by the GOVCOM, an

Annual Report for 2021/22 Financial Year Page 31