THE DEVELOPMENT OF LEGISLATION IN RELATION TO THE COST
Date
2011-05-12
Authors
MABUZA, PROMETHEUS S
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Abstract
Costing legislation basically means the process of determining the financial
implications of developing and implementing legislation. There is widespread
recognition of costing legislation as a budgeting and implementation planning tool
however its role in promoting the ethos of good governance has not been fully
examined in South Africa. Costing legislation has been undertaken without any
guidelines, procedures or instructions on the importance of consulting with
stakeholders. When guidelines or procedures are not spelt out and where
consultation is not made a condition of the costing assignment then the door is left
open for uncertainty.
The purpose of this research study is to examine with the advantage of hindsight
the two costing projects on the Child Justice Bill and Children’s Bill with a view
to identifying good practice in terms of good governance standards that could be
used to inform future costing projects. The study also seeks to find out whether
costing as a process has within it any values which enhance good governance. In
order to manage the study only three standards or indicators of good governance
were examined and these were participation, accountability and transparency.
The research findings were positive in spite of the fact that no guidelines for
involving stakeholders had been suggested to the consultant in the two costing
projects used as case studies. The research revealed that costing by its nature has
to subscribe to the ethos of good governance in terms of participation,
accountability and transparency. Costing utilises public funds thus the reason for
requiring accountability and transparency. The research further revealed that
whilst the costing projects examined were very consultative and complied with the
three standards of good governance within government structures this did not
extend to proper consultation with civil society and children.
There are two recommendations that this research makes: consulting guidelines
for costing of legislation must be developed and that the three standards examined
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must be used as the minimum standards for any costing process. Once guidelines
have been developed it will bring increased certainty to all interested stakeholders
because it will define more clearly the roles and responsibilities in the costing
process.
Description
MM - P&DM
Keywords
Legislation, Cost of, Implementation of legislation