Contents: Obligations of Parliament and its separate bodies

6.2 Reports to be submitted to the National Assembly only

6.2.1 The following Acts require reports to be tabled in the National Assembly within 14 days after the Minister or other recipient has received it, if the National Assembly is then in session or, if the National Assembly is not then in session, within 14 days of the beginning of the next session:

Community Development Act 3 of 1966
Section 25: The Minister must table a copy of the annual report submitted by the Director-General of the Community Development Board.
Pan South African Language Board Act 59 of 1995
Section 10B(4): The Minister must table the audited financial statements and auditor’s report of the Pan South African Language Board.
Section 12(1)(b)(ii): The Pan South African Language Board must submit a quarterly report to Parliament.
Promotion of Local Government Affairs Act 91 of 1983
Section 7: The Minister must table the annual report submitted by the Director-General on the activities of the Council for the Co-ordination of Local Government Affairs, containing a summary of all recommendations submitted by the co-ordinating council to the Government during the year in question. [note: it appears that the Council is no longer operational, but the section remains in force]
The South African National Roads Agency Limited and National Roads Act 7 of 1998
Section 37(3): The Minister must table the annual report of the South African National Roads Agency.

6.2.2 The following Acts require reports to be tabled by the Minister (or such other person as may be indicated) in the National Assembly as soon as possible after they have been submitted to the Minister (or such other person).

Electoral Commission Act 51 of 1996
Section 14: The Electoral Commission must annually submit to the National Assembly, as soon as possible at the end of each financial year, an audited report as specified in this section, in respect of each financial year.

6.2.3 The following Acts require reports to be tabled by the Minister, or by another person (such as the Speaker) in the National Assembly without a time being specified:

Broadcasting Act 4 of 1999
Section 20(3): The Minister must table the annual financial statements of the South African Broadcasting Corporation, Limited, drawn up as directed by the Minister.
Section 28: The Minister must also table in Parliament the annual report furnished by the Board of the South African Broadcasting Corporation, within seven days of its receipt, or if Parliament is not then in session, within seven days after the commencement of its next ensuing session.
Section 32(8): As soon as possible after conducting an investigation into the viability and impact of community television, as referred to in Section 32(7), the Broadcasting Authority must submit a report to the Minister and Parliament. [note: the statute refers to subsection 32(10), which does not exist. The context indicates that the correct subsection is 32(7)].
Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities Act 19 of 2002
Section 8(a): The Commission on the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities, established by section 185 of the Constitution, must report annually to the National Assembly on its activities and the performance of its functions.
Companies Act 61 of 1973
Section 11: The Minister must table the annual report submitted by the Registrar of the Companies Registration Office containing information concerning the registration of companies.
Correctional Services Amendment Act 25 of 2008
Section 95C Report of Commissioner
The National Commissioner must submit an annual report to Parliament.
Judicial Service Commission Amendment Act 20 of 2008
Section 6 Annual Report
The Commission shall within six months after the end of every year submit a written report to Parliament for tabling.
Section 11 Judge not to hold other office of profit or receive payment for any Service
The Minister must, once every twelve months, table a report in Parliament, containing particulars, including the outcome, of every application made in terms of permissible remuneration.
Section 13 Disclosure of registrable interests
The Minister must, once every twelve months, table a report in Parliament, containing particulars, including information on the register of registrable interests.
Promotion of Access to Information Act 2 of 2000
Section 83(1)(b): The Human Rights Commission must submit annual reports to the National Assembly as contemplated in section 84, as referred to also in section 181 (5) of the Constitution.
Section 91A(7): The Minister must table a report in Parliament, as prescribed, relating to the content and implementation of the training courses referred to in subsections (5) and (6) of this section.

South African Postbank Act 9 of 2010
Section 25 Intervention by Minister
The Minister must review the performance of the Company regularly whilst it is under administration; and within six months of appointing the administrator, table a report on his or her findings in the National Assembly.
South African Post Office Soc Ltd Act 22 of 2011
Section 22 and 25
The Minister must, before approval, table the feasibility study and business plan in the National Assembly for consideration.
The Minister must review the performance of the Post Office regularly whilst it is under administration and within six months of appointing the administrator, table a report on his or her findings in the National Assembly.

6.2.4 The following Acts require reports to be tabled “ promptly”, “forthwith” or “without delay” in the National Assembly:

Public Audit Act 25 of 2004
Section 41(6): If the Auditor-General fails to comply with the reporting requirements of Section 41 (5), the Auditor-General must promptly submit a written explanation setting out the reasons for the delay to the National Assembly.

6.2.5 The following acts require reports to be tabled in the National Assembly within 30 days after receipt by the Minister if Parliament is then in session, of if Parliament is not then in session, within 30 days after the commencement of the next ensuing session:

Perishable Products Exports Control Act 9 of 1983
Section 16 Reports by board
Section 16: The Minister must table the annual report of the Perishable Products Export Control Board, accompanied by an audited balance sheet, and an audited full statement, of the board's income and expenditure in respect of that financial year.

6.2.6 The following acts require reports to be tabled in the National Assembly within 30 days (or one month) after their receipt by the Minister, if Parliament is then sitting, or, if Parliament is not sitting, within 14 days of the commencement of the next sitting:

Unemployment Insurance Act 63 of 2001
Section 58(13): The Minister must table the annual report submitted by the Director General of the Department of Labour and any officer in the Department of Labour to whom the Director-General has delegated any function pursuant to his power under this Act.

6.2.7 The following Act requires reports to be tabled in the National Assembly on a periodic basis, but without specified times:

The Constitution of the Republic of South Africa, 1996
Section 181(5): The Public Protector, the South African Human Rights Commission, the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities, the Commission for Gender Equality, the Auditor-General, and the Electoral Commission must report on their activities and the performance of their functions to the Assembly at least once a year.
Section 196(6): The Public Service Commission must report at least once a year in respect of its activities and the performance of its functions, including steps taken to ensure that the public administration is governed by the democratic values and principles enshrined in the Constitution.
Atmospheric Pollution Prevention Act 45 of 1965
Section 47(6): The Minister shall each year table in the National Assembly all notices, reports and complaints received by him in terms of subsection (3), which provides for the control of smoke emitted from premises as a result of the operation of any fuel burning appliance controlled by the State.
Public Audit Act 25 of 2004
Section 10: The Auditor-General must annually submit a report to the National Assembly on his or her activities and the performance of his or her functions. In addition the Auditor-General must annually submit to the National Assembly a report on his or her overall control of the Auditor-General’s administration and the annual report, financial statements and auditor report on those statements in terms of section 41 (5).
Public Finance Management Act 1 of 1999
Section 28(1): The Minister must annually table in the National Assembly a multi-year budget projection, as set forth therein.
Section 70(4): A Cabinet member responsible for issuing a guarantee, indemnity or security in accordance with subsection (1)(a) or (b), must at least annually report the circumstances relating to any payments under such guarantee, indemnity or security to the National Assembly for tabling in the Assembly.

Acts that don’t fit into the above categories:

Competition Act 89 of 1998
Sections 21 and 41: The Minister must table the following reports in the National Assembly within 10 business days after their receipt from the Competition Commission, or, if Parliament is not then sitting, within 10 business days after the commencement of its next sitting:

(a) any report submitted in terms of Section 21(1)(k);

(b) any report submitted in terms of Section 21(2) that deals with a substantial matter relating to the purposes of the Act;

(c) annual reports submitted in terms of Section 41(1).

Public Audit Act 25 of 2004
Section 41 (1), (3), (4), (5): The Deputy Auditor-General must for each year prepare an annual report and financial statements which fairly present the state of affairs of the Auditor-General. Within two months of the end of the financial year he or she must also submit the financial statements for that year to the external auditor. The Auditor-General must submit the annual report, the financial statements and the audit report on those statements within six months of the financial year to which they relate to the oversight mechanism and the speaker for tabling in Parliament.
Public Finance Management Act 1 of 1999
Section 65(1)-(2): The executive authority responsible for a department or public entity must table in the National Assembly or a provincial legislature, as may be appropriate:
(a) the annual report and financial statements referred to in section 40(1)(d) or 55 (1) (d) and the audit report on those statements, within one month after the accounting officer for the department or the accounting authority for the public entity received the audit report. If an executive authority fails to table the reports and statements, in accordance with (a) above, within six months after the end of the financial year to which those statements relate the executive authority must table a written explanation in the relevant legislature setting out the reasons why they were not tabled; and
(b) the findings of a disciplinary board, and any sanctions imposed by such a board, which heard a case of financial misconduct against an accounting officer or accounting authority in terms of section 81 or 83.

Judicial Service Commission Amendment Act 20 of 2008
Section 20: The Commission must report on findings of a Tribunal; such a report should be submitted to the Speaker of the National Assembly.

6.3 Reports to be submitted to the National Council of Provinces only

6.3.1 The following Acts require reports to be submitted to the National Council of Provinces:

Local Government: Municipal Systems Act 32 of 2000
Section 47(3): Each MEC for local government must submit to the NCOP a copy of his or her annual consolidated report on the performance of the municipalities in the province.
Section 106(3): Should an MEC issue a notice under Section 106(1)(a) of the Act, requesting the municipal council or municipal manager to provide certain information, or designate a person to conduct an investigation in terms of subsection (1)(b), he or she must submit a written statement to the NCOP motivating the action.

6.4 Reports to be submitted to Parliamentary Committees

6.4.1 The following Acts require reports to be submitted to Parliamentary Committees:

Adjustments Appropriation Act 23 of 2011
Section 5 Utilisation of saving
The approval of the utilisation of savings by the National Treasury, must be reported in the next quarterly expenditure report to both the Standing and Select committees on Appropriations.
Civilian Secretariat for Police Service Act 2 of 2011
Section 13 Reporting
The Secretary must submit quarterly reports to the Minister and the parliamentary committee responsible for police on the activities of the Civilian Secretariat.

Correctional Services Amendment Act 25 of 2008

Section 65 Amendment of Section 90 of Act 111 of 1998

The Inspecting Judge inspects or arranges for the inspection of correctional centres in order to report on the treatment of inmates in correctional centres and on conditions and any corrupt or dishonest practices in correctional centres.

The Inspecting just must submit a report on each inspection to the Minister and the relevant Parliamentary Committee.
Housing Act 107 of 1997
Section 14(9)(c): The Minister must report quarterly to the parliamentary committees for housing of the National Assembly and the National Council of Provinces on the progress with the implementation of the national housing programme to phase out the housing subsidies listed in Section 14(9)(a).
Marketing of Agricultural Products Act 47 of 1996
Section 9(2): Copies of all reports which are submitted to the Minister by the National Agricultural Marketing Council in terms of subsection (1) (concerning, without limitation, statutory and regulatory measures affecting the marketing of agricultural products), shall simultaneously be despatched to the Select and Portfolio Committees of Parliament responsible for agricultural affairs.
Section 11(6): If a request is made for the introduction, amendment or repeal of a levy, as set forth therein, the National Agricultural Marketing Council shall send a copy of its recommendations to the parliamentary committees for their information.
National Conventional Arms Control Act 41 of 2002
Section 23(1)(b)-(c): The National Conventional Arms Control Committee must make quarterly reports to the Cabinet and a committee of Parliament determined by Parliament on all conventional arms exports concluded during the preceding quarter and, at the end of the first quarter of each year, present to Parliament and release to the public an annual report on all conventional arms exports concluded during the preceding calendar year.
Public Service Amendment Act 30 of 2007
Section 16A: The Minister shall at least annually submit to the relevant committees of Parliament dealing with matters relating to the public service, every non-compliance with a provision of the Act or a regulation determined or directive made thereunder.

South African Police Service Act 68 of 1995
Section 8(6): When Cabinet or the Executive Council has lost confidence in either the National or Provincial Commissioner, a board of inquiry is established in terms of section 8. In terms of subsection (6), the board must submit its report and recommendations to the standing committees of the National Assembly and the National Council of Provinces responsible for safety and security affairs, among others.

6.5 Reports that may be tabled

Division of Revenue Act 1 of 2005
Section 29: This section provides that the Auditor-General may, without derogating from the powers and duties of the Auditor-General in terms of the Constitution and any other law, report on in a special report to Parliament the extent of compliance with this Act and frameworks published in terms of section 28 by transferring national officers and such other intergovernmental financial management matters, as may be prescribed.
Intergovernmental Relations Framework Act 13 of 2005
Section 46: The minister may as necessary table a report in both Houses of Parliament with regard to matters relevant to intergovernmental relations in the Republic.
Security Forces Board of Inquiry Act 95 of 1993
Section 13: A report submitted to the State President in accordance with the provisions of this Act may be tabled in Parliament, except insofar as the publication thereof is prohibited by any law.