Magashule's government systematically undermining the Legislature

04 May 2015

Premier Ace Magashule and his MECs are systematically undermining the functioning of the Free State Provincial Legislature. The Chief Whip of the Legislature, Mr Neels van Rooyen (MPL-ANC) has informed us that tomorrow’ssitting has been cancelled due to the unavailability of the Executive.

It is now the third consecutive postponement of a sitting of the legislature. On 23 April 2015 the legislature was scheduled to debate Human Rights Day, then on 28 April 2015 a sitting to hear replies to oral questions was scheduled, both were cancelled and joined with tomorrow’s sitting to deal with outstanding replies to written questions and the Freedom Day debate.

For far too long has the ANC undermined the provincial legislature. Through the abuse of its electoral majority it continuously seeks to protect Ace Magashule and his MECs.

The provincial Executive is accountable to this legislature in terms of the Constitution.

Section 133 of the Constitution reads:

(2) Members of the Executive Council of a province are accountable collectively and individually to the legislature for the exercise of their powers and the performance of their functions.

The manner in which the Executive Council in the Free State treats the legislature, together with the undermining of the rights and obligations of the opposition, are also inconsistent with the constitutional provisions of participatory democracy.

In the process, the presiding officers, in cahoots with the ANC’s chief whip, are undermining the legislature’s own Standing Rules and Orders and its constitutional mandate in order to protect the Executive.

Section 114 of the Constitution reads:

(2) A provincial legislature must provide for mechanisms –

(a) to ensure that all provincial executive organs of state in the province are accountable to it; and

(b) to maintain oversight of -

(i) the exercise of provincial executive authority in the province, including the implementation of legislation; and

(ii) any provincial organ of state.

It is clear that the ANC are not committed to upholding our constitutional values and seek to use every opportunity to undermine the Constitution.

We have also noticed the tardiness of government’s response to written questions in the legislature and its reluctance to appear to answer oral questions. The Premier and his MECs know that many of their answers are embarrassing and unjustifiable, and as such would rather not air their dirty laundry in public.

But the people of the Free State deserve to know and to be informed.

The DA is the Official Opposition in the Free State Provincial Legislature. We will not be dictated to by an increasingly unaccountable and arrogant government. We will continue to conduct oversight without fear or favour and we will make use of all constitutional mechanisms available to us to ensure that the people of the Free State remain informed of government’s abuse of power and failure to deliver services to the people.

Statement issued by Roy Jankielsohn, DA Leader of the Official Opposition, Free State legislature, May 4 2015