The Speaker of the National Assembly has been approached by the Chairperson of the Portfolio Committee (PC) for Defence Mr Nyami Booi to give guidance to the request by the PC for the report of the Interim National Defence Force Service Commission to be submitted to the committee. The coverage in the media has suggested that Parliament’s oversight and legislative roles has been compromised, requiring the intervention of the Speaker to ensure the report be submitted immediately to the Committee.
The role of Parliament in overseeing the Executive is an important constitutional function and seeks to hold the Executive to account. Parliament has no intention of relinquishing this right and responsibility, and further, has made its strengthening a priority.
Parliamentary convention maintains that while the PC is still processing a Bill and until the PC reports on a Bill, it is inappropriate for the presiding officers to intervene and potentially undermine the authority granted to the PC by the House. For this reason, the Presiding Officers have up to now not involved themselves in a matter being processed by committees. As a rule, Committees should be encouraged to only seek the intervention of the presidium once they have completed their business. However, having been requested by the Committee on Defence and Military Veterans to give guidance in this instance, the Speaker took up the issue with the Executive.
Having met with the Leader of Government Business, Deputy President Motlanthe, and the Minister for Defence, Lindiwe Sisulu, Speaker Sisulu is assured that the PC will receive the report after it has been processed by Cabinet. They both expressed their commitment and respect for the authority of Parliament to oversee the Executive and their willingness to cooperate with Parliament in providing any required or requested information.
We have been given the assurance that Cabinet will process the report speedily.
For sake of clarity, we emphasise that, in the performance of its oversight and legislative functions, Parliament has the power, provided by the Constitution, Rules and the Powers, Privileges and Immunities of Parliament Act, to summon any person to give evidence and to require any person or institution to produce documents. The practice has been for Parliament to invoke this measure as a last resort, preferring to rely on the cooperation of Government and other sectors.
Parliament has accepted the undertaking of the Leader of Government Business and the Minister to make the reports available to members of the committee as soon as the remaining processes have been concluded. We have taken this view to maintain and promote cooperative governance.
It is hoped that this statement brings clarity to the various issues, but most importantly, that Parliament’s oversight and legislative roles is not compromised in any way.
For further queries please contact the spokesperson for the Speaker:
Sukhthi Naidoo
Cell: 082 767 6490
