STATEMENT BY THE SECRETARY GENERAL DURING STAKEHOLDER CONSULTATIONS FOR THE SADC MODEL LAW ON PUBLIC FINANCIAL MANAGEMENT, WITH CIVIL SOCIETY ORGANISATIONS (CSOS)10 Mar. 2022 Written by SADC Parliamentary Forum
- Gamal Ibrahim - Chief of Economic Governance and Public Finance Division of the United Nations Economic Commission for Africa (UNECA).
- Distinguished Prosecutors from SADC Member States Who are involved in Prosecution of Financial Crimes and Related Offences;
- Mr Daniel Greenberg, Legal Drafter for the SADC Model Law on Public Financial Management;
- Members of the Technical Working Group on the Model Law on Public Financial Management;
- Ms Caroline Kwamboka, Trustee and Founding Director of African Renaissance; and Member of the Technical Working Group on the PFM Model Law;
- SADC Citizens following proceedings on various social media platforms;
- Members of the Media;
- Staff of National Parliaments and SADC Parliamentary Forum
Dear Colleagues and Distinguished Participants,
It is indeed a great privilege and honor for me to address a distinguished gathering of fearless advocates, comrades, experts and practitioners working in the area of Public Financial Management. I welcome you today to this consultative meeting on the Model Law on Public Financial Management (PFM) hosted under the auspices of the SADC Parliamentary Forum.
As you may be aware, the Forum is accustomed to holding widespread consultations for its Model Laws under development in view of ensuring that the Model Laws are responsive to the current needs and demands of the SADC citizenry.
The Consultation today takes, place after a series of successful consultations have occurred with SADC Line Ministries, Auditors General, AML/CFT agencies, revenue authorities, police representatives and prosecutors, to cite but a few. However, it was also necessary to engage with private stakeholders which are essentially Non- Governmental Organisations (NGOs) that are not publicly funded and hence have their own perspective on the state of the PFM framework of SADC Member States.
At this juncture, I wish to thank you for finding the time to attend today. The Forum has always held Civil Society Organisations in high regard, and furthermore valued their immense knowledge base, as well as their abundant contributions to State processes. In fact, many of you today already form part of the Forum's Partnership Framework, and we equally invite all CSOs today to collaborate with the Forum beyond the ambit of this august meeting.
- Why engage Civil Society Organisations?
I wish to underscore that the ongoing engagement with Civil Society Organisations is necessary since you are in touch with grassroot realities and constantly evaluate national and regional policy on good governance and PFM. You relentlessly work to promote good governance and thus ensure that PFM is kept under the radar.
The Forum also recognises that you are smart players in the realm of PFM and denounce corruption, fraud and bribery on a routinely basis. You follow up on Governmental measures and actions which affect PFM. Your celerity in uncovering PFM issues which are relevant to the public is also well known. In this regard, you are known to be guardians of truth and justice. Moreover, you engage with the press and ensure that PFM is constantly kept under scrutiny of the media. You are also enablers of parliamentary democracy since you interact with Parliamentarians and feed them information for parliamentary questions, for debates in the House, or for public hearings and campaigns. The PFM landscape is thus incomplete without your diligent work and input. Your contributions as CSOs to furnish reports for country evaluations relating to democracy and governance indices for Africa are notable contributions which have ensured that the information garnered is balanced, and show the progress made as well as challenges in an unbiased and fair manner.
I would also like to salute the commendable work performed by CSOs who are involved in sensitisation campaigns on PFM. Some CSOs have conducted tremendously effective work in ensuring that communities in Africa understand the budgeting process,the basics of corruption, and the PFM processes of the State, a knowledge which would otherwise remain completely unknown and far from reach for the layman. It is trite that sensitisation campaigns on aspects of PFM which pertain to the bribery of public officials and fraud are of paramount importance if we are one day to rid the region of such malpractices that are abhorrent to good governance.
- Expectations from the audience today
Today, we expect that as prominent CSOs of the region, you engage openly and frankly with the legal drafter and Rapporteurs on the provisions of the PFM Model law which are of interest to you. For instance, you may consider Part V on parliamentary control which provides for avenues and possibilities for MPs to engage with a number of stakeholders during Committee sittings, including CSOs. In addition, you may wish to consider the Offences section under Part 11 which deal with particular PFM offences such as maladministration and financial irregularities and discuss their appropriateness. In addition, you will equally be interested in Part IV which deal with the Appropriation of funds by Government through the budgeting process.
Section 60 relating to the SDG Budget statement and section 61 on the International Commitment statement will also assist you in holding the Government accountable on commitments taken and treaties ratified. Indeed, for the first time, the Budget document will need to be explicit about how budget lines are assisting to implement concretely the SDGs and other international commitments such as those in gender related treaties and covenants.
- Way forward and domestication
Dear Colleagues and Distinguished Participants,
In terms of the way forward, I wish to mention that CSOs will be directly involved in the domestication process of the SADC Model Law on PFM since CSOs as private stakeholders will be entrusted with the crucial role of providing shadow reports to the Regional Parliamentary Model Laws Oversight Committee (RPMLOC), which is the dedicated Forum organ to monitor domestication.
In this respect, CSOs may be called upon to work together with other stakeholders such as prosecutors, AML/CFT agencies to provide shadow reports on the observance of PFM provisions contained in the Model Law. For CSOs who are interfacing for the first time with the Forum, you are kindly requested to share your coordinates and your country of origin within SADC so that we may get in touch with domestication initiatives when same are operationalised through the Oversight Committee.
Without doubt, PFM issues in Southern Africa will not be resolved in a fortnight. Consistent sensitisation and advocacy will be required by CSOs to make the SADC region become a financial hub that is effervescent with robust PFM systems in each Member State.
CSOs will surely concur that without a strong PFM framework, the prospect of good governance remains dismal. Absence of good governance will in turn lead to corruption, fraud and abusive practices. There is thus a need to elevate PFM as a stepping stone with the aim to attain a true and functioning democracy where citizens live in freedom and reap the resources of the State with fairness and merit. We have no doubt that CSOs will assist the Forum in that noble and promising endeavour for a better and more equitable Southern Africa.
On this note, I wish you a pleasant session.
Ms Boemo Sekgoma, Secretary General,
SADC Parliamentary Forum 10th March 2022
STATEMENT BY THE SECRETARY GENERAL DURING STAKEHOLDER CONSULTATIONS FOR THE SADC MODEL LAW ON PUBLIC FINANCIAL MANAGEMENT, WITH PROSECUTORS INVOLVED IN THE PROSECUTION OF FINANCIAL CRIME AND RELATED OFFENCES10 Mar. 2022 Written by SADC Parliamentary Forum
Dear Colleagues and Distinguished Participants,
It is with singular pleasure that I welcome you, prosecutors of the SADC region, to this consultative meeting on the Model law on Public Financial Management (PFM) hosted under the auspices of the SADC Parliamentary Forum. As you may be aware, the Forum is the parliamentary arm of the SADC institutional framework, and it is bestowed with the crucial mandate to formulate Model Laws that may serve as guiding yardsticks for national Parliaments.
In this respect, you may recall that prosecutors of the SADC region were equally involved in consultative meetings last year in 2021 prior to the adoption of GBV Model law by the 50th Plenary Assembly of the Forum.
Indeed, elaborate consultations are the cornerstone of the methodology of Model law-making espoused by the Forum. Furthermore, the Membership of the Forum considers that engaging in consultations with key stakeholders is a testament to participatory democracy that is pivotal in ensuring that legislative instruments reflect the actual demands and needs of the SADC citizenry.
- Why engage with prosecutors of the SADC region?
Prosecutors of the SADC region have always been considered as eminent stakeholders who are directly involved in the fight against crime. For the purposes of the SADC Model law on PFM, the crimes involved include financial crime, corruption, money laundering, financial misappropriations, to cite but a few. The list goes long and I am sure you will concur that with new technologies such as cryptocurrencies, and other recent developments in the financial sector, the prosecution of financial crime requires the requisite knowledge, skills and competence. No doubt, prosecutors of the SADC region have conducted a tremendous job so far in ensuring the prosecution of financial crime and it is indeed due to your unique expertise that the Forum has deemed it appropriate to engage in consultations with you in view of informing the finalisation process of the Model Law.
At this juncture, I would like to add that we have already consulted with different organisations involved in the State's institutional framework including Line Ministries and departments, AML/CFT agencies, as well as police representatives. The engagement today with prosecutors will thus mark the pinnacle of the consultative meetings held with the Executive concerning the investigation and prosecution of financial crime and related offences.
We firmly believe that Prosecutors are highly relevant to the PFM framework. Prosecutors receive files from the Police and need to make the momentous decision of whether to go ahead with prosecution or not. They evaluate the evidence available and advise the
Director of Public Prosecutions (DPP) who is entrusted with the discretion to prosecute or not prosecute, depending on the tenor of the evidence and the circumstances.
The Office of the DPP also guards against abusive police arrests, detention and investigation, since prosecutors check and verify all collected evidence and take a decision thereon accordingly in all independence and fairness. Prosecutors also appear in bail cases to object to bail of offenders involved in financial crime when there are serious grounds to do so, such as the risk of tampering with evidence or witnesses.
In most SADC Member States, the Office of the DPP is a constitutional function, which means that the position of the DDP is enshrined in the Constitution, and therefore it is entitled to act without the interference of any other person or authority. This also constitutes one of the reasons why we have deemed it appropriate to hold a separate consultative session only for prosecutors so that you may have the leverage to speak among yourselves and engage openly and frankly with the legal drafter.
- Expectations from the audience
Today, as lawyers, you are invited to consider the provisions of the Model Law in their entirety, and as prosecutors your attention is kindly drawn to Part 11 dealing with Offences, Maladministration and Enforcement. In addition, you will find that there is also a separate provision governing Offences under Part 16. You may further wish to advise on penalty and sentencing provisions by benchmarking with offences of similar gravity in your national jurisdictions.
You will further note that the PFM Model Law does not cover all the different forms of financial crimes but only the part that deals with PFM. It was deemed appropriate to consider the wide spectrum of financial crimes and offences relating to AML/CFT in a separate instrument to be developed later since at this stage, it was important to keep the legislative focus on PFM. In addition, you will note that provisions relating to prosecution powers have not been included since it is understood that these will already be covered under your respective Constitutions or prosecution laws. Your comments will thus be welcome from the prosecution perspective on the existing provisions of the Model Law, and on whether in your view these can work in tandem with your existing laws and regulations.
- Way forward
Dear Colleagues and Distinguished Participants,
I wish to highlight that once the Model Law will be adopted by the Plenary Assembly of the SADC-PF, it will be subject to a progressive domestication process. While we fully recognise that prosecutors are not involved in policy processes concerning PFM, it is expected that prosecutors across SADC will kindly lend their support to push for the domestication of prosecution policy regarding PFM related offences. The rationale is that no PFM framework will stand in a sustainable way unless there are offences that can be enforced as a major deterrent to ensure future compliance.
You will thus be called upon through your national Parliaments to participate in domestication initiatives of the dedicated organ of the SADC-PF, notably the Regional Parliamentary Model Laws Oversight Committee (RPMLOC) in view of furnishing reports or shadow reports on prosecution policy. Your ongoing cooperation in that regard will be highly appreciated in view of ensuring that PFM frameworks are domesticated with the appropriate prosecution policy and sentences that can be realistically enforced.
To conclude, I wish to thank you for attending this august event under the auspices of the SADC-PF. The Forum recognises that democracy depends heavily on the rule of law, which is itself reliant on the respect for law and regulations that is enforced by Offices of the Directors of Public Prosecution across SADC. Prosecuting agencies are catalysts to the respect and observance of the PFM framework, and they are the noble guardians of good governance and accountability. I wish to end by applauding the independent work carried out by prosecuting agencies so far which have made the SADC region a promising land where democracy can dare to make leaping advances, without hindrance or fear of reprisals.
With these hopeful words, I wish you a constructive session in engaging openly and frankly with the legal drafter and other interveners.
Ms B.Sekgoma, Secretary General,
SADC Parliamentary Forum 9TH March 2022
STATEMENT BY THE SECRETARY GENERAL DURING STAKEHOLDER CONSULTATIONS FOR THE SADC MODEL LAW ON PUBLIC FINANCIAL MANAGEMENT, WITH PROSECUTORS INVOLVED IN THE PROSECUTION OF FINANCIAL CRIME AND RELATED OFFENCES
Prezados Colegas e Parceiros,
Trata-se de indiviso regosijo meu, este, o de fazer noticiar esta declaração aos augustos Parlamentos*-Membros do Fórum Parlamentar da SADC e Parceiros tendo em vista a celebração do Dia Internacional da Mulher neste 8 deMarço de 2022, sob o lema da “Igualdade do Género, hoje, em prol de um amanhã sustentável”.
Neste dia de hoje, por conseguinte, desejo relembrar os esforços envidados pelo Fórum Parlamentar da SADC, ao longo de muito tempo, no sentido da Promoção da Igualdade do Género, da Capacitação da Mulher e dos Direitos à Saúde Sexual e Reprodutiva, vitais para o desenvolvimento socio-económico e integração da Mulher na sociedade, assim como para à Mulher se emprestar voz activa na defesa de medidas relativas a Alterações Climáticas e ao Desenvolvimento Sustentável. Há também a considerar que a Integração do Género, a formulação de Orçamentos sensíveis ao Género, a Lei Modelo sobre a Violência Baseada no Género e o Modelo de Fiscalização Sensível ao Género (GROM) são iniciativas do Fórum fulcrais para a promoção da Igualdade do Género sob uma perspectiva holística que integre a oferta de oportunidades iguais a Homens e Mulheres, a fim de que ambos participem em processos de tomada de decisões-chave respeitantes a respostas às alterações climáticas. Mais ainda, o Fórum tem sido consistente na forma como tem realçado que só se possa chegar a uma resposta eficaz às alterações climáticas num mundo onde Homens e Mulheres usufruam de Direitos Iguais e sejam tratados de igual forma perante a Lei.
O Fórum deseja aproveitar o ensejo desta celebração para salientar a importância da Igualdade do Género na Região da África Austral que ainda fica sujeita à influência de desigualdades de profundas raízes que afectam a Mulher, particularmente quando confrontada pelo patricarcado, pelo chauvinismo masculino e por crenças tradicionais a empurrarem-na para a repressão, inculcando preconceitos contra a Mulher e Jovens do Sexo Feminino. O FP da SADC, em linha com o seu Plano Estratégico (2019-2030), compromete-se a assegurar a Igualdade do Género e a Capacitação da Mulher, conceitos e práticas consistentes com iniciativas parlamentares respeitantes à promoção do Objectivo 5.o sobre o Género, do Desenvolvimento Sustentável, e consistentes com Instrumentos Regionais e Internacionais como o Protocolo de Maputo, todos eles relevantes para a promoção da Mulher. A Capacitação da Mulher trará um efeito directo aos preparativos do Mundo para uma pronta abordagem às Alterações Climáticas e à Redução do Risco de Desastres Naturais.
No contexto da África Austral, é ainda desejo do Fórum prestar especial homenagem às Ilustres Presidentes dos seus Parlamentos*-Membros, cujas funções servem de orgulhoso exemplo das aspirações da Mulher ao desempenho de cargos da mais elevada responsabilidade no seio de organizações situadas no epicentro dos desígnios do Estado, ao demonstrarem que a Mulher pode presidir eficazmente a Parlamentos*, os quais por sua vez respondem a múltiplas questões do foro governamental, como aquelas respeitantes às alterações climáticas. Por muitos anos vindouros assumirá o Fóum o compromisso de continuar a agir para que os seus Parlamentos*-Membros sejam vistos como monumentos simbólicos à Liderança, à Capacitação da Mulher e Medidas sobre Alterações Climáticas.
Desejando-vos um Feliz Dia Internacional da Mulher 2022,
(Senhora) Boemo Sekgoma, Secretária-Geral
Dear Colleagues and partners, it is with undivided pleasure that I release this statement to the Forum’s august Member Parliaments and partners in view of celebrating International Women’s Day this 8th March 2022 under the theme of “Gender equality today for a sustainable tomorrow”.
Today, I wish to reminisce the longstanding efforts of the Forum to promote gender equality, women empowerment, and sexual and reproductive health rights, which are vital for women’s socio-economic development and integration in society, as well as for giving them a voice to defend climate action and sustainable development. In addition, gender mainstreaming, gender-based budgeting and the Model Law on GBV, and Gender Responsive Oversight Model (GROM) are pivotal initiatives of the Forum which aim to advance gender equality from a holistic perspective that includes giving both men and women equal chances to participate in key decision-making regarding climate change responses. Furthermore, the Forum has consistently underscored that an effective response to climate change can only exist in a world where men and women have equal rights and are treated equally under the law.
In addition, the Forum wishes to seize the opportunity of this celebration to reiterate the importance of gender equality in the Southern African region which is still influenced by the deep-seated inequalities that affect women, especially when faced with patriarchy, male chauvinism or traditional beliefs that promote women repression and inculcate bias towards women and young girls. In line with its Strategic Plan (2019-2023), the SADC-PF is committed to ensuring gender equality and women empowerment through consistent parliamentary initiatives which advance Sustainable Development Goal 5 relating to gender as well as international and regional instruments such as the Maputo Protocol which are relevant to women advancement. The empowerment of women through parliamentary action will have a direct effect in readying the world to promptly address climate change and disaster risk reduction.
In the context of Southern Africa, the Forum also wishes to pay special tribute to Hon Speakers/Presiding Officers of its Member Parliaments who are women as they stand as proud examples that women can aspire to the highest positions of responsibility within organisations that are at the helm of the State. They demonstrate that women can efficiently lead Parliaments which respond to multiple governance issues, including climate change. For the years to come, the Forum pledges to continue to act for Parliaments to be monuments of female leadership, empowerment and climate action.
Happy International Women’s Day 2022 !
Ms B. Sekgoma, Secretary General
Capacity Development Session for SRHR Researchers and Budget Analysis Session Welcome Remarks by the Secretary General (SG), 26th February 202226 Fev. 2022 Written by SADC Parliamentary Forum
Dear Colleagues and distinguished participants,
Welcome to this meeting. In my capacity as Secretary General of the SADC-PF, it is with immense pleasure that I welcome you to this regional event under the SRHR Project after nearly 2 years of successive virtual meetings. It is nice to finally see you face to face, and I hope this meeting will herald other physical meetings to take place in 2022 and 2023.
First, I would like to start by emphasising that you should not let your guard down regarding Covid-19 sanitary measures. During these few days, while we will be together, it is crucial that we observe social distancing and hygiene precautions in view of
ensuring that everybody goes back home safe and sound. Remember that we are not safe until everybody is safe.
Getting to topic, I would like to highlight the vital importance of this capacity building exercise under the SRHR Project. As you are aware, this exercise is earmarked to occur every year, especially due to the importance of the budgetary mandate of MPs across SADC. You will recall that the last exercise was held virtually in September 2020 in Year 2 of the Project. It was thus imperative that we meet again in Year 3 to revive the activity and take stock of the SRHR developments relating to your national Budgets. It is also expected that this session will be repeated in Year 4 of the Project to enable the gains with regards to budget analysis to be fully reaped.
Colleagues, it is trite that without the budget, nothing can be achieved. No school or hospital can be built and no SRHR service procured. All promises and commitments made concerning SRHR require funding in one way or the other. The state Budget thus remains the most reliable single source of funds for the State to conduct its SRHR activities including
promoting gender equality, preventing early and unintended pregnancy, helping children to remain in school, to mention but a few areas of intervention.In addition, the implementation of regional and international commitments under treaties, and the advancement of the Sustainable Development Goals (SDGs) and Universal Health Coverage (UHC) all have budgetary implications. The budgetary mandate of MPs thus forms part of one of the key outcomes under the SRHR Project.
At the same time, this session was quintessential to introduce you to the new democracy component under the SRHR Project. Most of you would have been aware of this welcome development through my Internal Memo issued last January. Yet, the introductory activity was urgently needed as your reporting on Outcomes 8 and 9 under the new amended Project has already started last year. SRHR and Democracy are now intertwined, with robust democracy being a powerful driver to advance SRHR. As Project implementers, it was thus necessary to ensure that you are updated on how to approach the Project in the months to come.
This session is equally to understand how the budget process across SADC can be improved from a governance perspective, and who better than Experts from the Technical Working Group of the Forum to demonstrate this deficit. This would undeniably assist you in your thinking process as you engage MPs regarding your own national budget and propose avenues to improve budget governance.
This aspect is thus befitting to this session in particular as the Forum is as we speak developing the SADC Model Law on Public Financial Management which has a dedicated chapter of provisions on Budgeting. It may interest you to know that under the Model Law, the Budget document presented to Parliament would need to have a separate description of budget lines which enable the advancement of the SDGs, UHC, and other international commitments such that monitoring of same becomes a straightforward task. The SADC region must move on from this situation where treaties are ratified without any mechanism for regular accountability with regards to domestication, and the yearly Budget must thus become an instrument for follow up. I am confident that once adopted, you will know how to utilise the Model Law and weave it with the budget initiatives under the SRHR Project.
Finally, I would like to add that this session is also a peer learning one where you will have the opportunity to present about your respective state budgets for the last financial year and demonstrate how has SRHR been promoted or advanced through different budget lines. As you are aware, the final years in every Project are dedicated to peer and cross-learning, and hence from now on we expect SRHR Researchers to be leading at national level as well as at the regional level. In addition, it would be appreciated if you could find time in the margins of this session to sort out your pending reports with Ms Pamela Nyika, the Monitoring and Evaluation Consultant of the Forum.
With these words, I wish you a pleasant session. Thank you
Ms B.Sekgoma, Secretary General,
SADC Parliamentary Forum 26th February 2022
STATEMENT BY THE SECRETARY GENERAL DURING STAKEHOLDER CONSULTATIONS FOR THE SADC MODEL LAW ON PUBLIC FINANCIAL MANAGEMENT, WITH LINE MINISTRIES AND REPRESENTATIVES OF ACCOUNTANTS GENERAL15 Fev. 2022 Written by SADC Parliamentary Forum
Our Keynote Speaker, Hon. Maureen Hinda- Mbuende,Deputy Minister of Finance ,in the Republic of Namibia, a distinguished Finance practitioner in both private and public spheres
- Distinguished Gatekeepers and engines of our Ministries responsible for Finance, Economic Development, Good Governance and Institutional reforms, Planning Commissions, and Accountants General of SADC Member States and all Officials in their hierarchy;
- Mr Daniel Greenberg, Legal Drafter for the SADC Model Law on Public Financial Management;
- Meeting Facilitator, Mr Jason Rosario Braganza an Economist with over ten years’ experience working on international development in Africa specialising on trade and regional integration; finance for development and tax among others;
- Representative of Media Organisations;
- Distinguished Participants;
- Ladies and Gentlemen;
Dear Colleagues and distinguished participants,
Allow me to heartily welcome you as representatives of Line Ministries and Accountant General Departments to this consultative event held in the margins of the adoption of the SADC Model Law on Public Financial Management (PFM).
As you may be aware, the Forum is accustomed to engaging in multi-stakeholder consultative sessions prior to the adoption of its Model Laws in view of ensuring that the Model Law is as inclusive as possible taking into account the objective of the Forum to promote participatory democracy through the preparation of its legislative instruments.
In this respect, a series of consultations will be held with stakeholders and it has been deemed appropriate to engage representatives of Line Ministries and Offices of the Accountant General at an early stage in the consultation process in view of harvesting your crucial views on PFM from an administrative and governance perspective.
As you are aware, PFM involves diverse aspects all of which cannot be encapsulated in a single legislation. From procurement of contracts to financial instructions for Government to draw invoices, there is a range of PFM issues which prevail that needs to be mastered by representatives of Line Ministries and Accountants Generals.
You will find that the Model Law addresses PFM from the parliamentary angle, in other words from the effective oversight which may be exerted by Parliament over PFM processes which are conducted by the State through Line Ministries, the Accountant General or other statutory bodies. It is thus within this contextual framework that stakeholders present today should consider the provisions of the Model Law.
When examining the Model Law, you will thus be guided to comment on the interactions between Line Ministries and Accountants General on the one hand, and Parliament on the other hand.
- Why engage Line Ministries and Accountants General?
I shall now say a few words on the reasons for engaging representatives of Line Ministries and Accountants General today.
It is commonplace that Line Ministries and Accountants General are the implementers of the PFM system. Line Ministries prepare the budget, manage public debt, engage in State expenditures, and monitor the whole system for discrepancies. While Line Ministries also engage in policy on PFM, the Offices of the Accountants General disburse funds and pay to the interested parties pursuant to receiving instructions to that effect. The main fund used by Government, which is often called the Consolidated Fund in many SADC Member States, is managed by Line Ministries with disbursements made by the Accountant General. You will kindly find that the notion of Consolidated Fund, and its management, equally prevails in the SADC Model Law under Part 4.
Line Ministries and the Accountant General both comply with the appropriation ceilings approved by Parliament through Budget legislation and they adhere to the existing PFM framework. These aspects are covered under Part 5 of the Model Law.
In this respect, there can be no better than Line Ministries and representatives of Accountant General Offices to give their constructive views on the existing PFM framework and comment on the SADC Model Law in view of enhancing same for the guiding reference of Member States. Whilst you will note that the Finance Ministry is involved with nearly all Parts of the SADC Model Law, especially Parts 3 to 8, there is also the necessary reporting to Parliament which is conducted through Parliamentary Questions and the tabling of financial reports.
It is apt to add that from a policy perspective, all regulations pertaining to PFM are developed by the Finance Ministry, although the regulations may be mainly for logistical purposes where independent institutions such as the Office of the Auditor General or the Central Bank are concerned.
In addition, I wish to emphasize that Line Ministries will be the principal protagonists involved in the eventual domestication of the SADC Model Law on PFM after its adoption. Hence, it is imperative for representatives present today to understand the main provisions of the Model Law in view of working out how they compare with national legislation, and earmark the areas for improvement which could be made at national level at the appropriate legislative opportunity.
Furthermore, representatives of Line Ministries and Accountant General Offices also interact with Ministers and Parliamentarians, and are best placed to advise them on the reforms which need to take place to improve the PFM framework of Member States. You are permanent advisers and counsellors on PFM processes and since most of you are public officials, you remain unaffected by election cycles and thus stay on to advise successive governments. It
is thus quintessential that you are capacitated on the PFM Model Law well before the legal instrument is adopted and communicated to Member States through their domestic parliaments.
- Expectations from the audience
Charting the way forward, I would like to mention that today, a presentation will be made by the legal drafter on the PFM Model Law which will cover aspects that relate to Line Ministries and Accountants General. You are invited to engage comprehensively with the presenter and pinpoint any areas for improvement. In addition, you may also wish to submit your comments in writing after the end of the session. Same will considered by the legal drafter in view of alignment with international best practices and eventual incorporation in the Model Law.
You are also invited to comment on the adequacy of the Model Law and to express your views on the significance of this legislative instrument developed under the auspices of the SADC-PF.
- Way forward in terms of domestication
As mentioned earlier, the Model Law will be progressively domesticated at national level, with Line Ministries and Accountants General playing a crucial role to unpack the Model Law for the understanding of MPs and other stakeholders, as well as facilitate its acceptance at institutional level.
Progressive domestication will also be buttressed by the Forum’s dedicated organ in the form of the Regional Parliamentary Model Laws Oversight Committee (RPMLOC) which consists of MPs who are Chairpersons of all Standing Committees of the Forum. After the adoption of the Model Law, parliamentary Scorecards will be issued to Line Ministries to fill in view of setting a baseline and monitoring domestication progress. Representatives of Line Ministries and Accountant General Offices will thus be called upon to contribute to the Scorecards at the appropriate time.
Dear Colleagues and distinguished participants,
I wish to end these introductory remarks by thanking you again for your participation. Ministries and departments such as the Offices of the Accountant Generals are significant scaffolds which tightly fasten together the structure of a healthy parliamentary democracy. If one part of the scaffold falters, the whole structure is put at risk and may threaten to collapse. Your roles are thus pivotal to PFM and your contributions today will likewise constitute important intel that will serve to steer the PFM Model Law to its right destination.
On this thankful note, I wish you all a pleasant session.
Ms. Boemo Sekgoma, Secretary General,
SADC Parliamentary Forum 15th February 2022
CONSULTORIA MEDIÁTICA: O FÓRUM PARLAMENTAR DA SADC (FP da SADC/SADC PF) INICIA CONSULTAS COM AUDITORES-GERAIS DA SADC ACERCA DO PROJECTO DE LEI MODELO SOBRE A GESTÃO DE FINANÇAS PÚBLICAS
WINDHOEK-NAMÍBIA, Segunda-feira, 7 de Fevereiro de 2022 – O Fórum Parlamentar da Comunidade de Desenvolvimento da África Austral (FP da SADC/SADC PF) inicia amanhã, terça-feira, 8 de Fevereiro de 2022, a sua série de reuniões consultivas acerca do Projecto de Lei Modelo da SADC sobre a Gestão de Finanças Públicas.
O FP da SADC (SADC PF), pela via das suas Comissões Permanentes, identificou várias lacunas de ordem jurídica e regulatória no foro da Gestão de Finanças Públicas (GFP/PMF), que acabam por fragilizar o sistema de Gestão de Finanças Públicas, servindo de obstáculo à capacidade do Estado de cumprir com as suas metas nacionais, assim como com compromissos assumidos a nível internacional, tais como: os Objectivos de Desenvolvimento Sustentável (ODS/SDGs) e o Regime Universal de Cuidados de Saúde (UHC).
A Presidente do Conselho de Administração da Região Anglófona da Organização Africana de Instituições Supremas de Auditoria (AFROSAI-E), a Senhora Meisie Nkau, procederá com o discurso inaugural da primeira reunião consultiva realizada por via virtual, a ter lugar com Auditores-Gerais de Estados Membros da SADC. Por sua vez, o Senhor Daniel Greenberg, Redactor Jurídico da mencionada Lei Modelo, fará a apresentação do respectivo Projecto de Lei Modelo.
Agendam-se deste modo cerca de quinze (15) reuniões consultivas com partes interessadas envolvidas na cadeia de valores da GFP/PFM, ficando representados Ministérios de Estados Membros da SADC como o das Finanças, e também Autoridades Fiscais, a Procuradoria-Geral da República, a Polícia e Organizações da Sociedade Civil (OSC/CSOs).
Pormenores da supracitada Sessão:
Data: Terça-feira, dia 8 de Fevereiro de 2022 Horário: 10h00 – 14h30; Hora de Harare/Pretória.
As reuniões do FP da SADC (SADC-PF) ficam abertas a Meios da Comunicação Social e a jornalstas interessados na cobertura mediática das mesmas reuniões, para as quais se devem registar através do elo (link) seguinte:
As referidas reuniões serão transmitidas ao vivo através de plataformas de redes sociais – vide elos (links) infra – e também transmitidas ao vivo (ou gravadas para transmissão em diferido) através do Canal 408 da DSTV:
EMITIDO PELO FÓRUM PARLAMENTAR DA COMUNIDADE DE DESENVOLVIMENTO DA ÁFRICA AUSTRAL (FP da SADC/SADC PF)
MEDIA ADVISORY: SADC PF KICKS OFF CONSULTATIONS ON DRAFT MODEL LAW ON PUBLIC FINANCIAL MANAGEMENT WITH SADC AUDITORS GENERAL07 Fev. 2022 Written by SADC Parliamentary Forum
WINDHOEK-NAMIBIA, Monday 07 February 2022 – The Southern African Development Community Parliamentary Forum (SADC PF) will tomorrow, Tuesday 08 February 2022, kick off its series of consultative meetings on the draft SADC Model Law on Public Financial Management.
The SADC PF, through its Standing Committees, has identified
various legal and regulatory gaps in PFM that weaken the public financial management system and impedes the State’s ability to address its national objectives as well as fulfil international commitments such as the Sustainable Development Goals (SDGs) and Universal Health Coverage (UHC).
African Organisation of Supreme Audit Institutions (AFROSAI-E) English Region CEO, Ms Meisie Nkau, will deliver the keynote address at the first virtual consultative meeting to be held with the Auditors General of SADC Member States.Mr Daniel Greenberg, the Legal Drafter of the Model Law, will present the draft.
About 15 consultative meetings are scheduled with representatives of stakeholders involved in the PFM value chain including SADC ministries responsible for finance, Revenue Authorities, Attorneys Generals, the police, and civil society organisations.
Details of the session are as follows:
Date: Tuesday, 08 February 2022
Time: 10:00 to 14:30 Harare/Pretoria Time.
MEDIA ACCESS: Meetings of the SADC-PF are open to the media and journalists who are interested in covering them must register on the following link:
The meetings will be streamed live on the SADC-PF social media platforms on the links below and broadcast live (or recorded for later broadcast) on DSTV Channel 408:
ISSUED BY THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY PARLIAMENTARY FORUM