Parliament needs reform if it is to once again work for the people 

22 August 2016

Going into its third term, Parliament has a duty to restore the credibility that it has lost from scandal after scandal. The DA will lead the charge to ensure that the peoples’ Parliament once again works for the people who elected it. 

In so doing the DA is committed to ensuring that there is thorough scrutiny and oversight of Executive action through Parliament. We are also committed to ensuring that all laws which are passed by Parliament are subject to proper levels of interrogation, public consultation and proper procedural processing.  Without these reforms Parliament would effectively be in dereliction of its constitutional mandate. 

After the long break between the second and third terms of Parliament to allow for the 2016 local government elections it is crucial that Parliament, and all those represented herein, returns to work with vigour. Topping the DA’s agenda for the third term are the following:

- Addressing poorly drafted and improperly passed legislation;

- Resolving the continued Nehawu dispute;

- Reform of the Ethics Committee;

- The urgent establishment of an Inquiry into the SABC; and

- The long over-due appointment of an Inspector-General of Intelligence. 

Time and time again the courts have had to step in and remind the Presiding Officers of their responsibilities to protect the sanctity of Parliament. This is most recently noted is in the matter relating the Ethics Committee’s witch-hunt against the Leader of the Official Opposition, Mmusi Maimane MP, in which the Western Cape High Court on 23 June 2016 ruled the Committee had:

- Acted in bad faith and was biased against the Leader of the Opposition;

- Prejudiced the matter against Mr Maimane by making irregularly pre-emptive outcomes of a full and proper investigation; and

- Acted with “flagrant disregard of fundamental rules of procedural justice, the Constitution and the code of ethics.” 

This is a scathing indictment by the Court on the Ethics Committee which is constitutionally enjoined to uphold the Code of Ethics. It is as ill-fated as it is ironic that the very body charged with enforcing the ethical conduct of Members of Parliament has “presently…persistently and repeatedly” elected to violate the Code of Ethics within its remit. This committee must be reformed so that this abuse cannot repeat itself again. 

These problems not only affect the Ethics Committee but have permeated almost every ambit of Parliament. 

The Rules Committee is one other such committee that is in serious need of attention. The new rules state that the Deputy President should appear for oral questions in the NA at least once a month. However we have already seen a breach of this rule, as Deputy President Ramaphosa will not appear for oral questions in August. This is unacceptable. 

Mr Ramaphosa must make himself available in both August and September and must take the necessary steps to ensure that this happens. 

In any event the DA will appeal to the Leader of Government Business where necessary to ensure that the Executive are not allowed to evade accountability through questions. 

Additionally and fundamental to Parliament’s functioning is the passing of legislation that is consistent with the principles and values enshrined in our Constitution and passed in a manner that reflects those democratic principles. 

For too long Parliament has all but abdicated this responsibility by ramming through poorly drafted legislation that has been improperly passed. 

In particular, we have written section 79 petitions to the President on the Expropriation Bill, the Performing Animals Protection Bill and the Appropriations Bill. 

Importantly, we have already seen the President return the Performing Animals Protection Bill to Parliament, following our petition. This Bill did not pass Constitutional muster as it did not meet the requirements of section 75(2) of the Constitution, supplemented by Rule 61 of the Rules of the Council. That is, at the National Council of Provinces (NCOP) plenary on 25 May 2016, there were fewer than 30 delegates present at the plenary and thus quorum did not exist to pass the Bill. Despite the DA’s protests in the plenary at the time, the presiding officer, Hon. Nyambi refused to accept our point of order and moved for the vote. 

Another problematic bill passed was the Expropriation Bill. President Zuma as a result has not requested clarity regarding the process followed in the passing of this Bill. Aside from our substantive constitutional concerns on this Bill, specifically regarding section 25 of the Constitution, there were several significant procedural errors in the processing of the bill. 

As such the DA will write to the presiding officers and request that they take note of the important precedent set by the return of the Performing Animals Protection Bill, the Land Restitution Bill and the Expropriation Bill, so that such errors do not occur again in future. 

Section 55(2) enjoins Parliament to exercise Executive oversight. Included therein is conducting investigations into government agencies particularly when they are in turmoil and beleaguered by poor leadership and undue politicisation. 

To this end the DA’s Shadow Minister for Communications, Phumzile van Damme MP, has already succeeded in pushing for the Portfolio Committee on Communications to institute a parliamentary enquiry into the SABC. We will monitor this very closely to ensure that there is thorough scrutiny of the Minister and embattled SABC COO, Hlaudi Motsoeneng, given the unacceptable actions taken by the Broadcaster in recent months. 

From addressing poor appointments as evidenced by the SABC-Motsoeneng saga to the complete inability to make crucial appointments; parliament has a duty to act to ensure that critical posts are filled by fit and proper individuals. It is therefore inconceivable that we still do not have an Inspector-General of Intelligence (IGI). This constitutionally mandated position is supposed to ensure that the rights of citizens are protected from a security agency which if left unmonitored could become a law unto itself. 

The ANC has tried twice now to unsuccessfully thrust on South Africa one Cecil Burgess, the very man who oversaw the Secrecy Bill in Parliament. The DA was proud to lead the charge against him and together with other opposition parties to prevent his nomination. 

We do however urgently need an appointment to this position. We hope that the third term of Parliament will see a return to stability for the Joint Standing Committee of Intelligence (JSCI), and with that the nomination of a worthy candidate to the important position of IGI. 

The DA, and indeed the entire opposition benches, is returning to Parliament after the local government elections victorious and ready to hold the Executive to account at every possible opportunity. 

The DA will work tirelessly to ensure that issues of corruption, service delivery and crime are fought at the highest levels. We will work to strengthen the institution of Parliament and ensure that it maintains its independence form the Executive in the wake of this election. 

This is not a time for rest, but rather it is a time to fight for our country and our Constitution like never before. 

Issued by John Steenhuisen, Chief Whip of the DA, 22 August 2016