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Public Audit Bill, B1-2004

Public Audit Bill, B1-2004. Presentation by Auditor-General Shauket Fakie, Select Committee on Finance 18 August 2004. Why the new Public Audit Bill. To align both existing statutes (i.e. Auditor-General Act and Audit Arrangements Act) with: Constitution, 1996 PFMA, 1999

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Public Audit Bill, B1-2004

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  1. Public Audit Bill, B1-2004 Presentation by Auditor-General Shauket Fakie, Select Committee on Finance 18 August 2004

  2. Why the new Public Audit Bill • To align both existing statutes (i.e. Auditor-General Act and Audit Arrangements Act) with: • Constitution, 1996 • PFMA, 1999 • Labour Relations Act, 1995 • Other Legislation[e.g. MFMA] • To consolidate the AG Act and Audit Arrangements Act • To provide a modern framework for governance, financial management and best practice HR management • To enhance the public sector audit provisions/ function

  3. Guiding principles and benchmarks • Legal context (e.g. s181 and 188 of the Constitution & other Legislation e.g. PFMA, s45 of the MSA) • International audit legislation and best practice (e.g. Malawi, New Zealand, Canada, Australia, United Kingdom) • South African benchmark legislation (e.g. Gender Commission, Public Protector) • 2nd King Report on Corporate Governance

  4. Consultation: Process • Various stakeholders consulted at beginning - preferred to comment only once Bill was published • Audit Commission (on AG Act amendments i.e. AG Bill), Dec 2000 • All staff, especially HR issues, Jan - March 2002 • Speakers and Deputy Speaker, April 2002 (process only) • Audit Commission on Public Audit Bill May 2002 • A subcommittee of the Audit Commission was established organigram

  5. Consultation: Process (cont) • Subcommittee chairperson was Mr K Andrew and consisted of all 8 MPs • NCOP members of the subcommittee were: Ms D Mahlangu, Dr E Conroy and Mr G Krumbock • Approximately ten meetings were held and the Bill was extensively scrutinised over a period of two years (in addition to previous review of the AG Bill) • Minister of Finance April 2003 organigram

  6. Consultation: Process (cont) • Public comments subsequent to Gazetted Bill • Assessment of public comments received • The Ad Hoc Committee on Public Auditing Function - established in June 2003 - Twelve committee meetings were held - scrutinised/considered the Bill extensively organigram

  7. Consultation: Process (cont) • further consultation meetings occurred outside the formal committee setting with: - the Portfolio Committee on Defence; - Joint Standing Committee on Intelligence; - the Speaker of the National Assembly; the Presidency; - the National Departments of Defence, Intelligence’ SAPS - National Treasury as well as the AG organigram

  8. Overview of Public Audit Bill - main changes and enhancements • Functions of AG aligned with Constitution and streamlined • Alignment with PFMA and MFMA, enhancing mandate with regard to public entities • Clarification of relationship between AG, Parliament and Audit Office

  9. Overview of Public Audit Bill - changes and enhancements (cont.) • Providing Office with an enhanced governance structure by placing Auditor-General in overall control of his/her Office • Consolidating the financial and operational independence of AG, tightened-up cost recovery • Clarifying the service conditions of the AG

  10. Way forward • To take Committee through the Bill • To answer questions and clarify matters in the Bill

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