Deputy Speaker,
Honourable Members,
Esteemed guests,
Members of the Diplomatic Corps.
Good afternoon to you all!
As we near our 20th year of democracy and freedom, and the end of the 4th Parliament, there is need to reflect on the path that we have travelled. As we do so, we also need to be mindful to balance critical comment with recognition of the amazing achievements South Africa has made thus far.
Nearly 20 years ago, Nelson Mandela, speaking in the House stated:
“The purpose that will drive this government shall be the expansion of the frontiers of human fulfilment, the continuous extension of the frontiers of freedom. The acid test of the legitimacy of the programmes we elaborate, the government institutions we create, the legislation we adopt must be whether they serve these objectives… My government's commitment to create a people-centred society of liberty binds us to the pursuit of the goals of freedom from want, freedom from hunger, freedom from deprivation, freedom from ignorance, freedom from suppression and freedom from fear. These freedoms are fundamental to the guarantee of human dignity”.
Delivering his farewell address at the last sitting of the first democratically elected parliament, Nelson Mandela said and I quote:
“The people of South Africa have chosen a profoundly legal path to their revolution, those who frame and enact the Constitution and law are the vanguard of the fight for change. It is in the legislatures that the instruments have been fashioned to create a better life for all. It is here that oversight of government must be exercised. It is here that our society in all its formations has had the opportunity to influence policy and its implementation.”
Honourable Members,
The focus of the First and Second Parliament was to changing the entire legal edifice to root out apartheid legislation and its legacy.
This involved the passing of hundreds of laws at a rapid pace. This institution is primarily responsible for improving the lives and living conditions of millions of our people. Looking back we can confidently, assert, that in so many ways we have expanded the frontiers of freedom and fulfilment.
As a new democracy we have learnt from the examples of others and we inserted into our Constitution the most progressive provisions relating to openness, public participation, outreach, oversight and the justiciability of socio-economic rights.
In terms of section 42(3) of the Constitution, our mandate as the Assembly is to “ensure government by the people under the Constitution” by “providing a national forum for public consideration of issues, by passing legislation and by scrutinising and overseeing executive action”.
Today, the world over, our Parliament is a testimony of what is possible when a nation decides to unite and choose a future of hope and progress. These are achievements in which we must take pride.
Honourable Members,
In fulfilment of the 4th Parliament’s mission, we have continued to build on the legacy entrusted to us by our predecessors. We have also undertaken far reaching initiatives aimed at modernising our Parliament to adapt and reflect the realities of the 21st century.
In this regard, our responsibility is to ensure the implementation of the Strategic Vision adopted in 2009 with vigour. This includes the following five objectives. Namely:
- Building an effective and efficient institution
- Strengthening the oversight function
- Increasing public participation
- Improving cooperative governance
- Expanding of Parliament’s role in international relations.
Overall, we can confidently assert, that the 4th Parliament, has made significant progress in the implementation of the five key areas of delivery as identified in our Strategic Plan.
Subsequent to the adoption of the Strategic Goals, we needed to ensure that the design of our organisational structure was aligned to the functions of Parliament. As is known, we are in the process of finalising the restructuring of our institutional support structure.
The Secretary to Parliament presented a final proposal to the Presiding Officers. We will consult with the Parliamentary Oversight Authority on the proposed structure for their views.
Honourable Members,
During this term, we have undertaken an ambitious project to develop and refine our structures, procedures and proceedings. We needed to ensure that the Rules do not hinder us from delivering on our mandate but assist and facilitate the smooth functioning of the House in line with the Constitution. The review includes, amongst others, mechanisms to ensure that public inputs find expression in our processes, proceedings and our work.
We have to complete the review process before the end of the term of this Parliament for us to leave a legacy of renewed and implementable rules for the next Parliament, the 5th Parliament. Thus far, nine Chapters have been completed and the team will be engaging with parties to obtain their views on the completed chapters.
Honourable Members,
In the last year there have been an unprecedented number of challenges to the rulings of Presiding Officers, not only in the House but also in the courts.
In the Western Cape judgment of Lekota v The Speaker, it was pointed out and I quote: "the task of controlling debates in Parliament requires particular skills and is best dealt with by the presiding officers who are appointed for this purpose. A court should be loathe to encroach on their territory and do so only on the strength of compelling evidence of a constitutional transgression."
In the matter of Mazibuko v The Speaker, the courts again warned that because of unnecessary litigation by members against Parliament, and I quote:
"There is a danger in South Africa however, of the politicisation of the judiciary, drawing the judiciary into every and all political disputes, as if there is no other forum to deal with a political impasse relating to policy or disputes which clearly carry polycentric consequences beyond the scope of adjudication.”
This is a warning we should well heed to ensure that the foundations of our democracy remain strong and each arm is able to fulfill its constitutional roles and mandate. I urge Members to take advantage of the review of the Rules process for us to address shortcomings that Members may have identified and to ensure that the Rules are adapted and appropriate to our changing circumstances.
Honourable Members,
Lately, it appears that at different times the mood of the House has strayed quite far from the flexibility, accommodation and balance that ideally ought to exist. My task as Speaker is to ensure that the intensity of feeling expressed around some issues is contained within the bounds of civility without infringing on the freedom of speech that Members enjoy.
All Members will recognise that ultimately the Speaker must depend on the collective and individual self- discipline of Members to maintain order and foster decorum. My authority to enforce the rules depends on the cooperation of Members of this House.
Regrettably, there clearly is a need to clamp down on unbecoming conduct in the Chamber. This is a matter that I wish to take up with the party Whips in the coming weeks.
Honourable Members,
Committees are an extension of the House and thus perform their functions on behalf of the House. They are also the primary vehicles for oversight and increasing public participation in the legislative and other process of Parliament.
In the 4th Parliament, we have focused on enhancing the functioning of parliamentary committees. We reviewed the nature and quality of support available to them as well as mechanisms to implement the Oversight and Accountability Model.
In addition, the Secretary to Parliament has tasked former Secretary of the National Assembly, Mr Kamal Mansura, to lead a task team to develop interventions to strengthen committees and to enable them to function better.
The Terms of Reference are being developed and the House Chairperson, Honourable Frolick, will provide further details in his address to the House later today.
Honourable Members,
The House will recall, that in my 2012 budget speech, I reported to this House, that I was concerned about the constitutionality and quality of a number of pieces of legislation that were returned to the National Assembly. To this end, a number of corrective measures have been instituted to ensure that our laws are at all times in keeping with the letter and spirit of the Constitution. We must take the utmost care to ensure that the law shields and protects the most vulnerable in our society.
I am very pleased to report that a legal drafting unit has now been established. Advocate CR van der Merwe was appointed as senior legal adviser responsible for legislative drafting in February 2013. A further 3 parliamentary legal advisers were appointed in May and two more candidates will commence duty in July 2013. We are already beginning to see the value of such a unit.
Future work will include the introduction of an electronic system which will simplify and ensure consistency in the process of drafting. This will enable Parliament to make amendments to Bills available to Members and the public in real time. Again, Honourable Frolick will expand on this.
Honourable Members,
The principle behind Parliament’s oversight function is to ensure that policy is implemented in accordance with the legislative intent and upholds and responds to our people’s aspirations. As Members will recall, notable gaps in Parliaments oversight capacity were identified, which resulted in the development and adoption of an Oversight and Accountability Model.
The task of the 4th Parliament has been to implement the Oversight and Accountability Model to ensure that we entrench a culture of scrutinising executive actions. Since the adoption of the model we have noted a more coordinated and enhanced approach to oversight by committees and deeper scrutiny of government expenditure and policies.
I want to emphasise that our oversight must continue to focus on value for money so as to ensure that government does more with less. It is for Parliament to ensure that the needs of citizens are represented and articulated, whilst service is enhanced and speeded up.
In 1994 Madiba also warned that: “democracy itself, cannot survive unless the material needs of the people, the bread and butter issues, are addressed as part of the process of change and as a matter of urgency. It should never be that the anger of the poor should be the finger of accusation pointed at all of us because we failed to respond to the cries of the people for food, for shelter, for the dignity of the individual”.
Honourable Members,
One of the most important responsibilities we are assigned as Parliament is the role of national budget review.
For legislatures to become meaningful platforms for injecting the interests and concerns of their constituencies into the policy process, they must have sufficiently sophisticated and resourceful organisational structures to engage, challenge and scrutinise the executive and state bureaucracies.
In this regard, we have begun to change the way we scrutinise the national budget, primarily through the creation of the Standing Committees on Finance and Appropriations.
We have defined Parliament’s powers to amend the budget, so as to fulfil the demands of section 77 (3) of the Constitution, through the adoption of the Money Bills Amendment Procedure and Related Matters Act which prescribes the procedure to amend the money bills.
Members will know that section 15 of the Money Bills Act makes provision for the establishment of a Parliamentary Budget Office.
In February 2013, the Parliamentary Budget Office was officially launched, to provide independent, objective, and professional research, advice and analysis to Parliament on matters related to the budget and other money bills.
The Presiding Officers have approved an initial structure consisting of 12 persons, to provide technical support initially to the standing committees on finance and appropriations, whilst allowing further space for the identification of areas of improvement and refinement.
I am pleased to report that on 4 June 2013, Professor Mohammed Jahed, was appointed Director of the Parliamentary Budget Office. We wish him well and we are confident that he will succeed in this endeavour.
Honourable Members,
In support of Parliament’s oversight role, our Constitution created Institutions Supporting Democracy (ISDs). Members will recall that as per a Resolution of this House, the Office Supporting Institutions of Democracy (OISD) was established to be a link between Parliament and Institutions Supporting Democracy. The Office has since provided invaluable support to the Presiding Officers, Portfolio Committees and the ISDs.
Since the establishment of this office we have witnessed improved relations between Parliament and the ISDs. They have also expressed their satisfaction with the support and encouragement received from the office.
I wish to express our gratitude to the chapter 9 and associated Institutions for their contribution to embedding democracy and accountability in our country. Please, continue to carry out your work in support of Parliament’s oversight role with passion and integrity.
Honourable Members,
The National Assembly is enjoined by the Constitution to provide a national platform for public consideration of issues and most importantly to ensure that the public’s views find expression in our work. As our Parliament has evolved, we have, however, turned our gaze to the quality and effectiveness of our public participation processes.
Led by House Chairperson Frolick, and working together with the South African Legislative Sector, we have undertaken an extensive process of engagement, which includes civil society, to reframe our public participation approach.
In doing so we remain cognisant that public participation is not about one big push at a certain time and place, but a continuous system of engagement which needs to be constantly refreshed and renewed.
I am however concerned that the development of the Public Participation Model is taking far longer than was anticipated. I therefore urge members of the Task team to complete the work before we adjourn at the end of this term.
Honourable Members,
It is in Parliament where debates of national interest should be raised and discussed. Parliaments have to be at all times relevant about the subjects that they address. This however does not mean that every spare minute of every sitting must be filled with whatever is on the front pages of the newspapers, important as that is. If we fail to discuss subjects of imminent salience, we risk becoming out of touch and out of reach with the country at large.
It is for this reason that I decided to actualise the power of the Speaker to grant permission for debates that are of national importance and in the interest of our people. I am also pleased that parties have agreed to re-introduce a rotation system to ensure that all parties have the opportunity to place issues of national importance on the agenda of the House for debate in the House.
I have also thought it prudent to increase the speaking time of smaller parties from 1 to 3 minutes to afford Honourable Members more opportunity to make meaningful contributions to these debates. I wish to thank all political parties for their co-operation and support in this regard.
Deputy Speaker,
The report of the UNDP on the Rise of the South, maintains that increasingly, global development challenges are becoming more complex and trans-boundary in nature. In his address to the 3rd World Speakers’ Conference in 2010, United Nations Secretary General, Ban-Ki Moon correctly stated that “all politics is local”.
As part of the collective of the world’s parliaments, we have continued to add our voice in calling for the major international institutions, such as the Bretton Woods Institutes, to be more representative, transparent and accountable.
We continue to work with international parliamentary bodies such as the IPU to build a closer and more effective relationship between the United Nations and parliaments. We must persist on this course as we stand to benefit more in promoting global democratic accountability.
This is in line with the Millennium Conference of Presiding Officers Declaration that called on parliaments and their members to “assume increased responsibility in international relations, play a more active role at the national, regional and global levels, and generally reinforce parliamentary diplomacy.
Although section 231(1) of the Constitution provides that the negotiating and signing of all international agreements is the responsibility of the Executive, section 231(2) provides that such agreements binds the Republic only after it has been approved by resolution in both Houses.
While decisions of a “technical, administrative and executive nature” does not need the approval of the House, this must be tabled in Parliament within a reasonable time. According to the DIRCO Guide and Procedures for the Depositing and Binding of Agreements, agreements are only of a technical, administrative or executive nature if they “have no extra-budgetary financial implications” or “do not have legislative implications”.
This is an important aspect of oversight that we have not paid sufficient attention to and it has come to our attention that not all agreements have been tabled for approval or submitted to Parliament within a reasonable time. We must finalise this before the end of this Parliament.
We are also engaging institutions outside of Parliament such as the UNDP and other bodies to provide support to the institution, members and committees. On 23 May this year, when I addressed the United Nations agencies based in South Africa on the MDGs and prospects of the post 2015 Sustainable development Goals, I invited them to work with us on this agenda and on other matters and they have enthusiastically agreed to do so.
Honourable Members,
In the 4th Parliament we have strengthened our international support structures, systems and policy. We have elevated the International Relations section to a division and have recruited more staff to support the broader role we are increasingly undertaking on the international front.
This Parliament remains committed to working towards the consolidation of the African agenda. We have continued our growing interaction with regional and continental multilateral structures, in particular, the Pan African Parliament and the SADC Parliamentary Forum, as well as the IPU.
As part of our responsibility to promote and ensure good and democratic governance, we have participated in Elections Observer Missions to monitor elections in various countries on the continent.
With respect to the Parliamentary Group on International Relations (PGIR), I have registered my concern that this structure which has the critical task of advising Parliament on international affairs is not carrying out its duties. This is in the main due to poor attendance of scheduled meetings and the failure to form quorums for important decisions.
This state of affairs clearly points to a lack of discipline by Members. The situation cannot continue, and I therefore urge the party whips to address this matter in their caucuses as a matter of urgency.
Honourable Members,
The Constitution requires of us to work co-operatively with different spheres of government.
To this end, the Presiding Officers have continued to meet regularly with Provincial Speakers within the Speaker’s Forum to promote cooperation and to develop best practice and benchmarks for the legislative sector.
With the support of the EU development funds, the Speakers’ Forum has implemented a number of initiatives and programmes to enhance the capacity of the legislative sector.
In May, we hosted a very successful international consultative seminar with the European Parliament, which was attended by its President Martin Schultz and Speakers and representatives of the SADC Parliaments such as Mauritius, Seychelles, Tanzania, Namibia and Swaziland on the role of parliaments in economic development and transformation.
Honourable Members,
Members of Parliament are expected to make decisions on behalf of an entire nation, which is arguably the most influential role in society. This therefore requires that we ensure that our Members have the requisite knowledge, skills and abilities needed to discharge the responsibilities of this role.
In this regard, the Speakers’ Forum entered into an agreement with the Public Administration Leadership and Management Academy (PALAMA) to assist in the training and development of Members.
I am delighted that the capacity development programme is yielding very good results. For example, in 2011, 175 of Parliament and Provincial Legislatures successfully completed an accredited course in Governance and Leadership at UNISA.
In April this year, 225 Members of Parliament and the provincial legislatures completed an Advanced Certificate in Governance and Leadership at Wits University.
Our Parliament is proudly setting the benchmark for parliaments around the world. A study conducted by the Inter Parliamentary Union in 2010 on the current state of knowledge concerning formal and informal capacity building programmes for parliamentarians found that South Africa and India were the only countries in the world which encouraged and supported their Members to undertake formal tertiary studies. Let me repeat, South Africa and India are the only two countries in the world which supported and encouraged their members to undertake formal tertiary studies!
We hope that this programme will form part of the 5th Parliament’s Legacy Projects in 2014 and beyond. Within, Parliament, we have also introduced a yearlong programme of training to ensure that we continuously enhance our knowledge and skills. To borrow from Maya Angelou “If you know better you do better”.
Honourable Members,
The work and efficacy of a Member of Parliament is largely dependent on receiving timely and reliable information. Over time I have raised concern with our Library for it not being accessible after hours and in particular when we are away from Parliament.
Today I am pleased to announce the introduction of the Libraries, Digital Content Delivery Application. This service will ensure that we are able to obtain information without delay. Features of the system include customisation to the specific requirements of a Member to avoid unnecessary information overload.
I wish to urge Members to visit the Library to learn more about the advantages of new system. There simply are no more excuses. This new system will ensure that Members literally have the world in their hands- through use of our mobile phones and electronic tablet devices.
Parliament will also be launching a digital application called “My Parliament”. In future Members will receive their parliamentary Orders and daily papers electronically. Not only will we be saving the environment, by saving trees, we will also cut back on tons and tons of paper that we circulate every day.
I am informed that the two systems were presented to the Quarterly Consultative Forum this past Friday and Members gave their overwhelming support for the immediate implementation of the systems. I wish to inform the Members that the systems are in the final testing phases and will be implemented in July. This would require of us to finalise the rules and guidelines on the use of technology in the House. Clearly we are moving into the future. It is important that the Rules Committee also look at how to make this possible.
Honourable Members,
I wish to take this opportunity, before turning to the actual allocation for 2013/14, to report on the matter of the former Secretary to Parliament.
As Members are aware by now, Mr Dingani was dismissed as per Resolution of this House. Mr Michael Coetzee was appointed Secretary to Parliament in December 2012. We owe him our gratitude for taking up this challenging position with minimal disruption.
With respect to annual expenditure, Parliament’s budget allocation for the 2013/14 financial year is R1.873 billion, which is an increase of 6% compared to the 2012/13 allocation.
As you are aware, this budget is divided into five programmes:
- The allocation for Programme 1- Administration is R414.6 million this is an increase of 5.6% from 2012/13.
- The allocation for Programme 2 - Legislation and Oversight is R339.7 million, an increase of 7.53% from 2012/13
- The allocation for Programme 3 - Public and International Participation is R125.1 million which amounts to an increase of 5.6% from 2012/13.
- The allocation for Programme 4 - Member’s Facilities is R211.2 million, an increase of 5.6 from 2012/13.
- The allocation for Programme 5 – Associated Services providing support to political parties is R388.8 million; this is an increase of 5.6% from 2012/13.
Member’s remuneration is a direct charge against the National Revenue Fund and amounts to R453, 8 million. Retained earnings amounting to R141 million, has been approved for the funding of 15 priority projects.
Honourable Members,
With respect to the Auditor General’s statutory audit reports for the period 2009 to 2012, an analysis of this period shows that in the last 4 years, Parliament, received unqualified audits.
The Auditor General did however highlight matters of emphasis that required our urgent attention. Year on year, we have introduced measures to ensure that we improve the institution’s financial management.
Honourable Members,
As we end the 4th Parliament, we do so cognisant that we have to account, and report to the 5th Parliament on the work that we have undertaken since 2009. This includes planning for the inception of the 5th Parliament. We’ve got to prepare for the 5th Parliament.
This task is not the purview of the Presiding Officers alone, I expect Committees and every operational structure to provide a report of the work that was carried out during this term. In so doing, we will allow for a seamless transition from the 4th to the 5th Parliament, similar to the privilege, the 4th Parliament enjoyed.
I wish to emphasise that any outstanding work, on which we agreed must be completed before we rise at the end of this term. If need be, I’m sure you’ll agree with me, Friday and evening sittings will be scheduled. (and weekends if push comes to shove).
Time is fast running out. Let us intensify our efforts and ensure that we live up to the promises we made to our people.
Let us be inspired by the words of Martin Luther King Jr. who said and I quote:
“Human progress is neither automatic nor inevitable... Every step toward the goal of justice requires sacrifice, suffering, and struggle; the tireless exertions and passionate concern of dedicated individuals” Let us take forward our tasks with zeal and enthusiasm.
Let us not lose sight of the fundamental importance of Parliament as an arm of state, as a voice of the people, as a platform for deliberation, as an instrument of change and overseer of government action.
Let us remain true to our vision and the ideals entrusted to us by generations of leaders such as Madiba, to whom we send our well wishes and love.
I urge this House to support this Budget Vote.
I thank you!
