DA tables plan to defend our democracy by firewalling key institutions

3 September 2015

Over the past five years, the Government has presided over a systematic project of state capture that has resulted in the significant erosion of the independence of key institutions.

Employing the ANC’s programme of cadre deployment, the President and the Cabinet he leads have abused the power entrusted to the Executive by the Constitution to shield themselves from accountability for the corruption and maladministration that is endemic to the current administration.

A prime example of the destruction that cadre deployment causes is the irrational decision made by former Acting National Prosecuting Authority head, Adv. Mokotedi Mpshe, to drop the 783 charges of corruption, fraud and racketeering levelled against President Zuma.

We saw this when the ANC used their majority to absolve President Zuma for the theft of public funds at Nkandla. And we saw it when they voted down a motion to establish an ad hoc committee to investigate his impeachment due his contravention of the Constitution and laws of South Africa in allowing the escape of Sudanese President Omar Al-Bashir.

The Executive has come to believe that it is above the law, and that it can bend the Constitution to its will in protection of its own.

Not only does our government continue to set a negative example in their contempt for the Judiciary and disdain for institutions like the Public Protector, but its continued efforts to entrench cadre deployment have had widespread negative effects. The most recent example is the finding of the Public Protector that Mr Lucky Montana, Passenger Rail Agency of South Africa (PRASA) Group CEO (GCEO) used his position to plunder the parastatal’s coffers for personal gain.

To defend our hard won democracy, we need to reconsider the power of the Executive and correct the current imbalance by empowering Parliament with increased checks and balances.

To this end, the DA is proposing a number of steps to prevent the further erosion of our democratic order as detailed in our paper Defending our Democracy: The DA’s Plan to Firewall Key Institutions.

The document covers seven institutions, including the National Prosecuting Authority (NPA), the Judiciary and Judicial Services Commission (JSC), the Office of the Public Protector, the Independent Electoral Commission (IEC), the South African Revenue Service (SARS), the National Police Commissioner and the Inspector General of Intelligence.

Upon reflection of how cadre deployment and overreach by the Executive has damaged the functioning of these institutions, the DA is proposing a number of ways in which their independence and effectiveness can be restored, safeguarded and firewalled.

Key recommendations include:

-Amending the President’s power to appoint or remove the National Director of Public Prosecutions (NDPP) to include oversight by the National Assembly. This will provide the best safeguard for the NPA against inappropriate political influence.

-Decreasing the size of the political component of the JSC to increase its independence, and amend the process of the appointment of judges to make a determination of the fitness of candidates to hold office the primary consideration.

-The establishment of a Standing Committee on Institutions Supporting Constitutional Democracy by the Rules Committee of Parliament to oversee Chapter 9 institutions, and promote the independence, impartiality, dignity and effectiveness of these institutions in terms of Section 181(3) of the Constitution.

-The immediate appointment of a judicial commission of inquiry to investigate the crisis at SARS, a call echoed by the Sikhakhane Report.

-Amend the process to appoint the National Police Commissioner (NPC) to ensure selection by a multi-party committee of Parliament, with the President performing only the formal act of appointment.

-Amend the legislation to ensure that the Inspector-General of Intelligence is a retired judge who is able to serve impartially and independently in the position.

It is imperative that any democracy safeguards its institutions so that they can function effectively and independently regardless of who is leading the Executive.

The measures we are proposing and will fight for, will ensure that transparency and accountability, features of a strong democracy, are always at the forefront.

The DA is committed to restoring the Constitution to its rightful place as the supreme law of our land, and ensuring that it cannot be usurped for the personal benefit of a select group of politically connected individuals.

We firmly believe that our democracy is only as strong as its institutions. In order to safeguard our democracy for future generations we have a responsibility to see that the independence and legitimacy of institutions is restored and upheld.

Statement issued by Mmusi Maimane, leader of the DA, 3 September 2015