ATTORNEY General Sifiso Khumalo says motions are not supposed to have a preamble. This was during the House of Assembly sitting on Wednesday. Khumalo advised Somntongo MP Sandile Nxumalo to withdraw his motion as it was drafted as a House resolution and contained a preamble. Khumalo stated that what Nxumalo was about to move was not a motion but a resolution in all shapes and forms.
He said even the operative terms used were those of a resolution. He said Nxumalo had properly drafted a resolution and not a motion and requested the MP to revisit the motion and fix it.
“He should also ask for assistance from the legal clerks. I would also like the office, especially the clerks-at-table, to review motions to check if they are well drafted before they are published in the Order Paper. This is not a motion but a resolution in all shapes and forms,” he said. Khumalo asked the MP to withdraw the motion and draft it again.
The motion noted that while the Public Finance Management Act, 2017 provides the primary legal framework for transparency, accountability and sound management of public resources in the country, the auditor general’s reports continue to highlight significant irregular, fruitless and wasteful expenditure, indicating weaknesses in enforcement and compliance.
The motion added that the current Act’s punitive and preventative provisions were not fully aligned with regional best practices within the Southern African Development Community (SADC), including the Public Finance Management Acts of South Africa, Namibia and Botswana.
The preamble stated that strengthening the Act was critical to curb corruption, deter financial misconduct and restore public confidence in the management of state funds.
In the motion, the MP also stated that the delays in amending the Act undermine the oversight work of Parliament, particularly the Public Accounts Committee, and limit the consequences for accounting officers who breach the law. He said the country’s fiscal credibility and regional integration efforts required harmonisation of the public finance legislation with SADC standards.
The motion further stated that the House resolved to direct the ministry of finance to table, within 21 days from the date of adoption of this motion, a Public Finance Management Amendment Bill.
The motion further the MPs stated that the Amendment Bill shall, among other things, strengthen offences and penalties for financial misconduct to align with SADC regional standards; clarify personal liability and surcharge provisions for controlling officers and accounting authorities; and enhance provisions on prevention, reporting and timely investigation of irregular expenditure.
The motion added that the Bill should also provide for mandatory disciplinary and criminal referral mechanisms where the auditor general’s findings are not addressed. Nxumalo was to be supported by Nhlambeni MP Manzini Zwane.
Nxumalo accepted the advice from Khumalo, stating that the motion was directed to the office of the auditor general and the ministry of finance. He said he was not sure about the first paragraphs, stating that he hoped he would be guided by the clerks. He said the proper motion was the one below the preamble. “The real motion is the one after the first paragraph,” he said.
He then withdrew the motion. Speaker of the House of Assembly Jabulani Mabuza asked the attorney general and his office to advise MPs on time if there was anything wrong in the motions so that they could be fixed.
“I saw the Order Paper while inside the House and there was no chance of getting in contact with you,” said Khumalo.
