Message from the Speaker of Malawi ssage from the Speaker of Malawi
On behalf of the Parliament of Malawi, I wish to welcome Honourable Members and all other Delegates meetings of Standing Committee of the SADC Parliamentary Forum which will be physically held in Johannesburg, South Africa from 26th April to 3rd May, 2022. The meetings are being held in preparations to the 51st Plenary Assembly Session of the Forum which Malawi is expected to host from 7th to 16th July, 2022.
The Standing Committees are meeting in fulfilment of their constitutional mandate as oversight organs of the SADC Parliamentary Forum.
I would like, therefore, to wish you all the best during the deliberations in this session and hope that the resolutions from these meetings will go a long way in enhancing the spirit regional integration and cooperation amongst the SADC Member States.
Once again, welcome to Malawi, the Warm Heart of Africa.
Rt. Hon Catherine Gotani Hara
Speaker of the Parliament of Malawi
CONCEPT NOTE SADC-PF STANDING COMMITTEE SESSION 22ND APRIL TO 3RD MAY 2022 AHEAD OF THE 51ST PLENARY ASSEMBLY OF THE SADC-PF TO BE HOSTED BY PARLIAMENT OF MALAWI
I. Background and situational context
In recent years, Public Financial Management (PFM) has been identified as a key tenet of democratic frameworks, bearing strong links with the rule of law, constitutionalism and parliamentary sovereignty. In that regard, the 46th Plenary Assembly of the SADC-PF identified the inherent deficiencies which existed in PFM regimes of SADC Member States and called for swift reform through the development of a Model Law on PFM which would stand as a guiding legislative benchmark for the inspiration of national Parliaments. According to the evidence generated by the country rankings relating to democracy and governance indices published worldwide (the EIU and Mo Ibrahim Indices), the SADC region is grappling with issues of corruption, fraud, nepotism, cronyism, all of which share common roots with the way public finances are being managed.
The development of a PFM Model Law is a coveted ambition of the SADC-PF which remains to date unmatched around the globe: it is the first Model Law of its kind in the world.
It was thus intended that the PFM Model Law would serve as a landmark regional benchmark to consolidate the oversight powers of SADC Parliaments over various PFM processes, including the budget process, supplementary appropriation, public debt, scrutiny of public operations through the Public Accounts Committee, to cite but a few areas of concern. In addition, the PFM Model Law is aimed at helping to consolidate the democratic drive by encouraging the mainstreaming of the Sustainable Development (SDGs) into the budget process and to remain visible; that Universal Health Coverage (UHC) is progressively implemented; and that provision for SRHR and HIV/AIDS Governance is improved at every budget exercise. Furthermore, the PFM Model Law encompasses the use of new technologies such as cryptocurrencies which may have an undeniable impact on public finances in years to come. With the advent of the SADC Model Law on PFM, it is envisioned that Southern Africa may become a powerhouse of social and economic prosperity which is equally respectful of human rights and democratic principles.
II. The Joint Session of Standing Committees
The Forum is proceeding with its statutory Committee session from the 27th of April to 4th May 2022, which constitutes a unique occasion for all Standing Committees and the Regional Women Parliamentary Caucus to reflect, consult and deliberate on the PFM Model Law, prior to its adoption at the 51st Plenary Assembly of the Forum. Since the Model Law has been developed in a holistic fashion, it is important for all Standing Committees and the RWPC to consider its provisions from their respective thematic lenses, such that the Model Law becomes a well-balanced legislative instrument which is robustly grounded in all the key intervention areas of the Forum. It is thus important for Standing Committees and the RWPC to hit the mark and give polishing remarks for the Model Law to crystallise and be ready for recommendation to the Plenary Assembly.
III. Areas of the PFM Model Law to be covered by each Standing Committee
The central objective of the Committee session will thus be to focus on the need for PFM reform, with the Model Law being showcased as an enabler of parliamentary efforts for progressive PFM measures. Each Standing Committee will be earmarked to reflect and deliberate on satellite themes which are relevant to its mandate and which gravitate around the central theme of PFM, as follows:
1. The Human and Social Development and Special Programmes Committee (HSDSP)
Reflections are by the Committee centred around the mainstreaming of the Sustainable Development Goals (SDGs), UHC and SRHR through budget documents to be tabled in Parliament as provided for in the Model Law.
Part of the Model Law to consider: Part 7 (In particular sections 59 to 61)
2. The Committee on Trade, Industry, Finance and Infrastructure (TIFI)
The Committee may wish to focus on Part 8 of the Model Law regarding Government borrowing since it impacts to a huge extent on the level of investment made. Part 9 on Procurement and Part 10 on Public Accounts are also areas of interest to the Committee.
3. The Committee on Food, Agriculture and Natural Resources (FANR)
The Committee is to engage in reflections on the ways in which the PFM Model Law may be used to improve budget allocations to heighten FANR initiatives, including green and ecological farming, climate change adaptation, pesticide free cultivation, among others. The Committee may consider how to leverage tax and non-fiscal incentives through the budget process to heighten sustainable agricultural initiatives.
4. The Committee on Democratisation, Governance and Human Rights (DGHR)
The Committee may wish to brainstorm on the provisions of the Model Law relating to checks and balances, and parliamentary control, in particular Part 6. This Part focuses on the functions and powers of the Public Accounts Committee and on the type of reports that it may review apart from the report of the Auditor General.
5. The Committee on Gender Equality, Women Advancement, Youth Development (GEWAYD)
Reflections to be centred on gender-based budgeting and gender mainstreaming into the budget exercise and on ways to achieve these two aspirations through explanatory budget statements.
Part of the Model Law to consider: Part 7 (In particular sections 60- 62)
6. The Regional Women Parliamentary Caucus
The RWPC may wish to consider the avenues to improve decision-making by women, and to enhance women participation in the budget exercise. Reflections focus on Part 7 relating to the National Budget and the need to provide for the inclusive participation of women to the consultative process.
IV. Specific Objectives of the Standing Committee Session
The Specific Objectives of the Committee Session are as follows:
a) Take stock of the diverse PFM stakeholder consultations which took place during the period February to April 2022, including with judicial officers, prosecutors, line ministries, state law officers, central banks, to cite but a few;
b) Consider the ways in which the stakeholder consultations have shaped the provisions of the Model Law;
c) Take cognisance of relevant views and comments from stakeholder consultations for MPs to deliberate and decide upon in view of proposing amendments to the Model Law, if necessary;
d) Deliberate on provisions of the Model law from a holistic and thematic perspective, with each Committee addressing the thematic content most relevant to its mandate; and
e) Validate the provisions of the Model Law for onward adoption of the 51st Plenary Assembly.
V. Elections of new Office Bearers
By virtue of Rule 39(1) of the Rules of Procedure, the Standing Committee Sessions will also elect new Office Bearers for the positions of Chairperson and Vice-Chairperson, positions which are filled every two years, bearing in mind the principle of rotation. Member countries which have not yet assumed these positions of responsibility will thus have the opportunity of presenting their representatives as candidates for elections. In accordance with Rule 38(5), gender considerations must be taken into account in electing office bearers, so that to the extent practically possible, where a male MP is elected Chairperson, the Vice-Chairperson shall be female, and vice-versa, (this applies except for the RWPC where both leadership positions are occupied by female MPs).
The newly constituted leadership of Committees will thus guide the Committees of the Forum towards the 51st Plenary Assembly Session and will continue to lead the execution of Committee work plans for the next two years.
VI. Venue
The Joint Session will be a hybrid meeting with the physical session taking place in Johannesburg, South Africa, at a venue to be confirmed.
**
ACTIVITY PROGRAMME
| DAY 1 FRIDAY 22ND APRIL | Virtual Meeting of the Regional Parliamentary Oversight Committee (RPMLOC) |
09:00-10:45 | Statutory Virtual Meeting of the RPMLOC to track progress on the domestication of SADC Model Laws by Member Parliaments |
| 10:45-11:00 | Tea Break |
11:00-13:00 | Statutory Virtual Meeting of the RPMLOC |
| 13:00-14:00 | Lunch Break |
14:00-15:30 | Statutory Virtual Meeting of the RPMLOC |
| DAY 2 MONDAY 25th APRIL | Virtual Statutory Meeting of the Regional Women Parliamentary Caucus (RWPC) |
09:00-10:45 | Statutory Virtual Meeting of the RWPC to share experiences of and gain knowledge on the work done by Women’s Caucuses at national level and look for ways to build efficiency through increased dialogue at the regional level |
| 10:45-11:00 | Tea Break |
11:00-13:00 | Statutory Virtual Meeting of the RWPC |
| 13:00-14:00 | Lunch Break |
14:00-15:00 | Statutory Virtual Meeting of the RWPC |
15:00-15:30 | Elections for RWPC Chairperson and Vice Chairperson for 2022 to 2024 |
| DAY 3 TUESDAY 26TH APRIL | - Arrival of HSDSP and GEWAYD Members for the side event for the 27th of April 2022, hosted in collaboration with SAFAIDS
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DAY 4 WEDNESDAY 27TH APRIL | - Arrival of All other Delegates
- SIDE EVENT PROGRAMME for HSDSP and GEWAYD Members
REGIONAL LEGISLATIVE SENSITISATION HIGH-LEVEL MEETING ON SAFE ABORTION CASE STUDIES FOR MPS AND SECTORAL LEADERSHIP POLICY ADVOCACY DIALOGUE WITH PARLIAMENTARIANS ON PREVENTION OF UNSAFE ABORTIONS AND EARLY AND UNINTENDED PREGNANCIES IN THE SADC REGION 1.BACKGROUND AND INTRODUCTION Through funding support from Sweden, Southern African Development Community Parliamentary Forum (SADC-PF) and SAfAIDS are jointly hosting a virtual Regional Legislative Sensitisation High-Level Meeting on Safe Abortion Case Studies for Members of Parliament and a Sectoral Policy Advocacy Dialogue with Parliamentarians. The two regional events are being collaboratively convened under the Regional SRHR, HIV and Governance Project and Regional Transforming Lives Programme respectively, seeking to improve sexual and reproductive health and rights (SRHR) outcomes for SADC citizens. The two events build on the Regional Policy Advocacy Dialogue held with Parliamentarians on 1st April 2021 which resulted in key recommendations being passed by Members of Parliament towards a Regional Roadmap on Ending Unsafe Abortion and Early and Unintended Pregnancy (EUP).
2. PURPOSE OF THE REGIONAL POLICY ADVOCACY DIALOGUE
The Regional Legislative Sensitisation High-Level Meeting and Policy Advocacy Dialogue are strategic platforms to examine the status and extent of unsafe abortion and EUP in the SADC region and focus on catalysing policy advocacy actions towards preventing unsafe abortion and EUP in the SADC Region. The two events will be hosted with the following objectives:
- To generate recommendations from SADC Parliamentarians to inform finalisation of a Regional Roadmap on Ending Unsafe Abortion and EUP in the SADC region; and
- To build consensus amongst SADC Parliamentarians on critical policy advocacy actions to be taken towards a Regional Roadmap on Ending Unsafe Abortions and EUP.
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| DAY 5 THURSDAY 28TH APRIL | Joint Sitting of SADC PF Standing Committees and the Regional Women’s Parliamentary Caucus (RWPC) Objective: to review and validate the SADC Model Law on Public Financial Management |
| 09:00 – 09:30 | Session 1 Director of Ceremonies-: Mrs Yapoka Nyirenda Mungandi- Director Finance and Corporate Services Official Opening Session o Introductions o Welcome Remarks by Ms Boemo M. Sekgoma, SADC PF Secretary General, SADC PF o Official Opening Address by Hon. Dr Situmbeko Musokotwane, Minister of Finance of the Republic of Zambia o Vote of thanks by Hon Jerónima Agostinho, DGHR and Member of the Executive Committee o Meeting Objectives and Programme Overview |
| 09:30 – 10:45 | Introduction of Legal Drafter and Order of Business- Mr Joseph Manzi- Director Programmes and Parliamentary Business Consideration of the Draft SADC Model Law on Clause-by-Clause Session 2 ❖ DRAFT/EXPLANATORY NOTES ON THE MODEL LAW ON PUBLIC FINANCIAL MANAGEMENT ❖ PREAMBLE ❖ ARRANGEMENT OF PROVISIONS ❖ PRELIMINARY ❖ AIMS AND OBJECTIVES Facilitator: Dr Daniel Greenberg, Legal Drafter |
| 10:45 – 11:00 | Group Photograph and Tea Break |
| 11:00 – 13:00 | Session 2 Continues ❖ PART 3 o AUTHORITIES ❖ PART 4 o PUBLIC FUNDS ❖ PART 5 o SUPPLY AND APPROPRIATION ❖ PART 6 o PARLIAMENTARY CONTROL ❖ PART 7 o NATIONAL BUDGET ❖ PART 8 o GOVERNMENT BORROWING ❖ PART 9 o PROCUREMENT AND USE OF PUBLIC RESOURCES ❖ PART 10 o PUBLIC ACCOUNTS ❖ PART 11 o FINANCIAL MISCONDUCT, MISUSE AND MALADMINISTRATION ❖ PART 12 o CRYPTOCURRENCIES ❖ PART 13 o STATE GOVERNMENTS ❖ PART 14 o LOCAL AUTHORITIES ❖ PART 15 o STATE-OWNED ENTERPRISES ❖ PART 16 o FINAL PROVISIONS ❖ SCHEDULES o SCHEDULE 1 o STATE GOVERNMENTS ▪ PART 1: PROVISIONS OF THIS ACT APPLYING TO STATE GOVERNMENTS ▪ PART 2: MODIFICATIONS IN APLICATION TO STATE GOVERNMENTS o PART 1: PRELIMINARY o PART 2: AIMS AND OBJECTIVES o PART 3: AUTHORITIES o PART 4: PUBLIC FUNDS o PART 5: SUPPLY AND APPROPRIATION o PART 6: PARLIAMENTARY CONTROL |
| 13:00 – 14:00 | Lunch Break |
| 14:00 – 15:30 | Session 3 ❖ PART 7: NATIONAL BUDGET ❖ PART 8: GOVERNMENT BORROWING Facilitator: Dr Daniel Greenberg, Legal Drafter Tea Break Session 3 Continues ❖ PART 9: PROCUREMENT AND USE OF PUBLIC RESOURCES |
| 17:00 | Announcements & End of Day |
| DAY 6 FRIDAY 29TH APRIL | - Joint Sitting of SADC PF Standing Committees and RWPC (Continues)
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| 09:00 – 10:45 | Session 4 ❖ PART 10: PUBLIC ACCOUNTS ❖ PART 11: FINANCIAL MISCONDUCT, MISUSE AND MALADMINISTRATION Facilitator: Dr Daniel Greenberg, Legal Drafter |
| 10:45 – 11:00 | Tea Break |
| 11:00 – 13:00 | Session 4 Continues ❖ PART 12: CRYPTOCURRENCIES ❖ PART 13: STATE GOVERNMENTS ❖ PART 14: LOCAL AUTHORITIES ❖ PART 15: STATE-OWNED ENTERPRISES ❖ PART 16: FINAL PROVISIONS |
| 13:00 – 14:00 | Lunch Break |
| 14:00 – 15:30 | Session 5 ❖ SCHEDULES o SCHEDULE 1: STATE GOVERNMENTS - PART 1: PROVISIONS OF THIS ACT APPLYING TO STATE GOVERNMENTS
- PART 2: MODIFICATIONS IN APPLICATION TO STATE GOVERNMENTS
o SCHEDULE 2: LOCAL AUTHORITIES - PART 1: PROVISIONS OF THIS ACT APPLYING TO LOCAL AUTHORITIES
- PART 2: MODIFICATIONS IN APPLICATION TO LOCAL AUTHORITIES
Facilitator: Dr Daniel Greenberg, Legal Drafter |
| 15:30 – 15:45 | Tea Break |
| 15:45 – 16:50 | o SCHEDULE 2: STATE-OWNED ENTERPRISES - PART 1: BODIES TO WHICH THIS ACT APPLIES
- PART 2: PROVISIONS OF THIS ACT APPLYING TO STATE-OWNED ENTERPRISES
- PART 3: MODIFICATIONS IN APPLICATION TO STATE-OWNED ENTERPRISES
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| 16:50 – 17:00 | Closing Remarks by the Chairperson of the Regional Parliamentary Oversight Committee (RPMLOC) Hon. Leon Tumba |
| 17:00 | End of Day & End of Joint Sitting to review and validate PFM Model Law STATUTORY MEETINGS OF STANDING COMMITTEES AND THE RWPC |
| DAY 7 SATURDAY 30TH APRIL | - Statutory Meeting of the Standing Committee on Gender Equality, Women Advancement and Youth Development (GEWAYD)
- • Statutory Meeting of the Standing Committee on Human and Social Development and Special Programmes (HSDSP)
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| 09:00-10:45 | - Statutory Meeting of the GEWAYD Standing Committee to deliberate on issues affecting the youth in the SADC region and propose mechanisms for the parliamentarians to directly engage with the youth
- Statutory Meeting of the HSDSP Standing Committee
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| 10:45-11:00 | Tea Break |
| 11:00-13:00 | - Statutory Meeting of the GEWAYD Standing Committee
- Statutory Meeting of the HSDSP Standing Committee
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| 13:00-14:00 | Lunch Break |
| 14:00-16:30 | - Statutory Meeting of the GEWAYD Standing Committee
- Statutory Meeting of the HSDP Standing Committee
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| 16:30-17:00 | - Meeting of GEWAYD to elect Chairperson and Vice Chairperson for 2022 to 2024
- Meeting of HSDP to elect Chairperson and Vice Chairperson for 2022 to 2024
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| DAY 8 SUNDAY 1ST MAY | - Departures for GEWAYD and HSDSP Members except Chairpersons
- Statutory Meeting of the Standing Committee on Democratisation, Governance and Human Rights (DGHR)
- Statutory Meeting of the Standing Committee on the Food, Agriculture and Natural Resources (FANR)
- Statutory Meeting of the Standing Committee on Trade, Industry and Investment (TIFI)
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| 09:00-10:45 | - Statutory Meeting of the DGHR
- Statutory Meeting of the FANR
- Statutory Meeting of the TIFI
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| 11:45-11:00 | Tea Break |
| 11:00-12:30 | - Statutory Meeting of the DGHR
- Statutory Meeting of the DGHR
- Statutory Meeting of the FANR
- Statutory Meeting of the TIFI
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| 12:30-13:30 | - Meeting of DGHR to elect Chairperson and Vice Chairperson for 2022 to 2024
- Meeting of FANR to elect Chairperson and Vice Chairperson for 2022 to 2024
- Meeting of TIFI to elect Chairperson and Vice Chairperson for 2022 to 2024
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| 13:00-14:00 | Lunch Break |
| 14:00-17:00 | - Joint meeting of FANR and TIFI on Expanding Investment in Agroecology in Southern Africa for Sustainable Development and Climate Change Adaptation and recommend to the Plenary Assembly
- Joint meeting of DGHR & RPMLOC (Chairpersons of GEWAYD and HSDSP) on “Towards Strengthening the Role of Parliament in Curbing Corruption and Promoting Accountability in the SADC region: Engaging Parliamentarians on how to use Public Finance Management to Execute Measures to Fight Corruption’’
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| DAY 9 MONDAY 2ND MAY | - Departures for Members of the DGHR, FANR and TIFI Committees, Chairpersons for HSDSP and GEWAYD; and Consultants for Strategic Plan Review
- Working Session for Committee Secretaries
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| DAY 10 TUESDAY 3RD MAY | Departures for Committee Secretaries |
Programme-for-Standing-Cttee-Session-51st-Plenary-Assembly
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