The DA's plan to make Parliament work for all South Africans 

Note to editors: The following statement was distributed at a press conference held in Parliament today by DA Parliamentary Leader Lindiwe Mazibuko MP, DA Chief WhipWatty Watson MP, and DA Federal Chairperson Dr Wilmot James MP. 

While Parliament only officially opens in two weeks' time, the Democratic Alliance (DA) has been giving much thought to how the institution of Parliament can be reinvigorated.

Yesterday, I met with Deputy President Kgalema Motlanthe, in his capacity as Leader of Government Business, to discuss the relationship between Parliament and the Executive.

I used this opportunity to raise a number of issues that are of concern to the DA. These included the problems of ministers not responding to parliamentary questions, and ministers' poor record of attendance at parliamentary sittings. 

Deputy President Motlanthe expressed his commitment to ensuring that the institution of Parliament was respected by government, and agreed to take the concerns raised by the DA forward.

We will carefully monitor the progress made by the Deputy President in this regard. 

Parliament must be the centre of policy debates and discussions of national importance. It must operate with complete transparency, promote broad public participation in its work and rigorously hold the Government to account for its performance

It is these values on which the DA's vision for Parliament in 2012 is based. 

It is our plan to make Parliament work, and to work for all South Africans.

In 2012, the DA will strive to shape Parliament into an institution which:

• Provides a space in which alternative visions for the future of South Africa are developed and debated;
• Enables robust political debate and engagement on key issues;
• Holds government accountable for its policies and performance; and
• Develops legislation which is properly researched, conceptualised and drafted.

To achieve these ends, the DA will:

• Continue to make use of all parliamentary mechanisms at our disposal. We will strive to have maximum impact during question time, in committees, during oversight visits, and in debates.
• Ensure that the Parliamentary Oversight Authority is transparent and accountable. It should be an important body which holds the Speaker to account, and ensures a strong and functional Parliament which can hold the Executive to account. Currently, it is a closed meeting with little impact.
• Work towards establishing a system where questions can be posed to both the Speaker and the Chairperson of the National Council of Provinces about the management of Parliament. This will ensure accountability and transparency within Parliament.
• Propose and push through amendments to the Rules of Parliament so that Ministers are obliged to provide a written explanation to Parliament if they fail to answer questions within a reasonable timeframe. Loopholes, such as providing only partially answered questions, or dumping large number of questions towards the end of the year, which Ministers use to avoid being made accountable, must be removed.
• Formulate and submit new rules to Parliament that require portfolio committees to consider and comment on submissions received from the public. South Africans' viewpoints must be taken seriously when important decisions are being made.
• Make effective use of the Chief Whips Forum to, where appropriate, work together with other opposition parties in putting pressure on the ANC.
• Put together an alternative legislative agenda for South Africa by making use of Private Members Bills.
• Provide more opportunities for our members to raise constituency matters in Parliament. The PR system limits Parliament's ability to become a forum for discussing pressing issues important to constituents. The DA, through our own caucus, is committed to making sure that this link between constituencies and Members of Parliament is maintained.
• Improve the quality of DA parliamentary questions to ministers by asking relevant, impactful and strategically focused questions.
• Push for the recommendations included in the Independent Panel Assessment Report on Parliament to be implemented. The report, which was finalised in 2009, has been left to gather dust, despite the current Speaker of the National Assembly, Max Sisulu, having formed part of the panel. Its recommendations would assist in creating a more effective and independent Parliament.

Central to Parliament's role is the development of legislation which is consistent with the Constitution and is in the best interests of all South Africans.

The DA's position on draft legislation before Parliament in 2012, as the legislation stands in its current form, is as follows. In some cases, bills may still need to be debated by the DA's national caucus and the party's position has therefore not been finalised. 

Constitution 18th Amendment Bill: This Bill clarifies the role of the Minister of Higher Education and Training who, as the head of a new department, must now take over competencies such as training from the Department of Labour and FET college education from the provincial education authorities. We will oppose this Bill.

Implementation of Geneva Conventions Bill: The purpose of this Bill is to enact the Geneva Conventions and Protocols additional to those Conventions into law; to ensure prevention and punishment of grave breaches and other breaches of the Conventions and Protocols; and to provide for matters connected therewith. The DA will support this Bill.

The Military Ombud Bill: This Bill provides for the establishment of an independent Office of the Military Ombud; to provide for the appointment and functions of the Military Ombud; and to provide for matters connected therewith. The DA will oppose this Bill.

Further Education & Training Colleges Amendment Bill: This Bill seeks to make FET colleges an exclusively national competency, instead of a concurrent national and provincial department competency, which is in line with the Constitution 18th Amendment Bill. The Bill was opposed in the National Assembly, where it will be considered again shortly.

Protection of Personal Information Bill: The purpose of this Bill is to promote the protection of personal information processed by public and private bodies; to introduce certain conditions so as to establish minimum requirements for the processing of personal information; to provide for the establishment of an Information Regulator; to provide for the issuing of codes of conduct; to provide for the rights of persons regarding unsolicited electronic communications and automated decision making; to regulate the flow of personal information across the borders of the Republic; and to provide for matters connected therewith. The DA's position has not been finalised on this Bill, although we are generally supportive of the Bill's overall thrust.

Prevention and Combating of Trafficking in Persons Bill: This Bill intends to give effect to the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, Supplementing the United Nations Convention against Transnational Organised Crime, 2000; to provide for an offence of trafficking in persons and other offences associated with trafficking in persons; to prevent and combat the trafficking in persons within or across the borders of the Republic; to provide for measures to protect and assist victims of trafficking in persons; to provide for the establishment of the Inter-sectoral Committee on Prevention and Combating of Trafficking in Persons; and to provide for matters connected therewith. It is likely that the DA will support this Bill.

Criminal Procedure Amendment Bill: This Bill seeks to amend the Criminal Procedure Act, 1977, so as to substitute and align the provisions relating to the use of force in effecting arrest of a suspect with a judgment of the Constitutional Court; and related matters. The DA's position on this bill is still being decided, although we are not currently supportive of the Bill as some changes are needed.

Constitution 17th Amendment Bill: The purpose of this Bill is to amend the Constitution of the Republic of South Africa, 1996, so as to further define the role of the Chief Justice as the head of the judiciary; to change references to ‘‘Magistrates' Courts'' to ‘‘Lower Courts''; to provide for a single High Court of South Africa; to provide that the Constitutional Court is the highest court in all matters; to further regulate the jurisdiction of the Constitutional Court and the Supreme Court of Appeal; to provide for the appointment of an Acting Deputy Chief Justice; to further regulate the composition and the functions of the Judicial Service Commission; and to provide for matters connected therewith. The Bill is still currently being deliberated and the DA does not have a final position at this point, although we are supportive of the intention of the Bill.

Superior Courts Bill: This Bill seeks to rationalise, consolidate and amend the laws relating to the Constitutional Court, the Supreme Court of Appeal and the High Court of South Africa; to make provision for the administration of the judicial functions of all courts; to make provision for administrative and budgetary matters relating to the Superior Courts; and to provide for matters incidental thereto. This Bill must be understood in conjunction with the Constitution 17th Amendment Bill.

Judges' Remuneration & Conditions of Employment Amendment Bill: The purpose of this Bill is to amend the Judges' Remuneration and Conditions of Employment Act, 2001, so as to provide for a minimum period of active service as Chief Justice of South Africa and President of the Supreme Court of Appeal; and to provide for matters connected therewith. The DA is still finalising its position on this legislation.

Rental Housing Amendment Bill: The Bill amends the Rental Housing Act of 1999, aiming to introduce a more efficient system of rental dispute resolution between tenants and owners, both for formal and informal housing in urban areas. We welcome the decision announced on 25 January 2012 to redraft the Bill to provide further opportunity for public input, to clarify certain ambiguities and to improve the balance of the rights and responsibilities of landlords and tenants. The redrafting process will also allow for more considered debate on its potential impact on constitutionally enshrined provincial competencies. We do, however, believe that the discussion on this Bill should be concluded as soon as possible to bring certainty in the rental housing market.

SA Weather Service Amendment Bill: This Bill seeks to ‘extend the objectives and functions of the South African Weather Service', to ‘provide for the limitation of liability of the Weather Service', and to ‘provide for offences and penalties' to those who issue anything deemed as a ‘severe weather-related warning' without written permission. The DA will seek to make amendments to the Bill in a number of key areas, namely the definition of a severe weather warning, the prohibition on severe weather-related warnings without written permission and the prohibition on anyone doing anything intentionally or negligently that harms the Weather Service.

SA Languages Bill: The Bill is necessary in principle, in that there needs to be some form of legal regulation guiding the use of our languages at the national level (departments, entities and enterprises), but this one doesn't adequately protect or promote our languages equally. It is written in such a way that it will promote English and Afrikaans above all other languages. The DA plans to push for substantive changes to the Bill.

National Health Amendment Bill: The Bill calls for the establishment of an Office of Health Standards Compliance, a move that we agree with in principle. The only problem is that the Minister himself will be appointing the members to run the office, making them subject to political persuasion. The government considers it an "independent" body, but we disagree. We would prefer to have a truly independent body oversee standards in the health system. We plan to support this Bill.

General Intelligence Laws Amendment Bill: The purpose of this Bill is to amend the National Strategic Intelligence Act, 1994, the Intelligence Services Oversight Act, 1994, and the Intelligence Services Act, 2002, and repeal the Electronic Communications Security (Pty) Ltd Act, 2002, so as to accommodate the establishment of the State Security Agency as a body into which certain government components are absorbed; to effect technical amendments to certain laws brought about by the abolishment of those government components; to effect certain other technical amendments to laws; and to provide for matters connected therewith. The party position on the Bill is still being finalised.

Defence Amendment Bill: This Bill seeks to amend the Defence Act, 2002, so as to add the Chief of Corporate Staff to the Military Command; and to provide for matters connected therewith. We oppose adding this position to the Military Command, due to undue interference from the Executive in appointing the Chief of Corporate Staff.

Protection of State Information Bill: The purpose of this Bill is to provide for the protection of certain state information from alteration, loss or destruction or unlawful disclosure; to regulate the manner in which state information may be protected; to repeal the Protection of Information Act, 1982; and to provide for matters connected therewith. If passed, the Bill, which is currently before the NCOP, would in effect criminalise investigative journalism and prevent whistle blowers from revealing corruption within government departments. It is a threat to the constitutional right to freedom of expression. The DA is currently proposing amendments to the Bill in the NCOP. There are three main changes which we will push for in the committee:

a) the inclusion of a strengthened public interest override;
b) a sufficiently limited definition of "national security"; and
c) a review of sections pertaining to almost all offences (such as the possession and disclosure of classified information). 

Should these amendments not be included, the DA will use the Section 79 provision in the Constitution to request that the President send the Bill back to the National Assembly for amendment, as it is unconstitutional. Should this not succeed, the DA will lobby other political parties, as well as ANC members who are opposed to the Bill, to have the enacted law referred to the Constitutional Court in terms of Section 80 of the Constitution.

The Democratic Alliance is committed to building a Parliament which is robust, relevant and accountable. We are committed to building an institution that will represent the views of the South African people, and hold the Executive to account. 
This is a Parliament which reflects and upholds the Constitution and in doing so, represents all South Africans. 

Issued by the DA, January 26 2012

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