Ladies and gentlemen,
I welcome today’s engagement between Parliament, SANEF and senior journalist. This initiative is long overdue, and I hope it is the start of an on-going and constructive dialogue between Parliament and SANEF.
South Africa has changed for the better, this we all know.
Twenty years into our democracy, for the vast majority of our people, there is no need to remind us, of what we left behind. But for the small minority of society, who so nostalgically cling to the past, we need to remind ourselves that South Africa is indeed a much better place than it was, before 1994.
The better place that I refer to, is not simply defined by the obvious signs of material change, such as the millions of people who have access to water, to homes, health care education, and the most highly developed social security system in the developing world.
Instead, the democratic project has involved the removal over the course of twenty years, of the stifling suffocation of racism, of the vindictive and deadly use of force against the majority, and the authoritarianism of state power. Sadly, in 2014, we are still grappling with the systemic and painful consequences of inequality, as well as the damaged psyche of both oppressed and oppressor.
Justice Skweiya noted in his speech to the Constitutional Court in 2011 that under apartheid we had no binding bill of rights, and no supreme constitution. Instead, under a system of parliamentary sovereignty, an unrepresentative parliament imposed racist and repressive laws on the population of the country, who had no recourse to the courts to challenge the validity of these laws.
Thankfully, we have left those dark days behind, when we negotiated and committed ourselves to live in the light of a new constitutional and democratic order.
Mindful of our painful past, we moved from parliamentary supremacy to a democracy based on the supremacy of the Constitution, where both the substance and the processes of any sphere of government, including Parliament has been subject to scrutiny for compliance.
Ladies and gentlemen
The Inter Parliamentary Union, Global Report of 2012, asserts that: “No two Parliaments are the same. They differ in form, role and functioning. They have been shaped by the history and culture of each individual country. Yet, they all share the same ambition: to give people a voice in the management of public affairs”.
I cite the Global Report, as we tend to forget at times, that our Democracy is uniquely South African, forward-looking and informed by our painful past. We as well, tend to compare, our very young democracy, with those parliaments who can trace their roots back to several centuries past.
This notwithstanding, in twenty short years, I can confidently assert, that Parliament has proven to be a resilient institution which has done far more to serve the people of South Africa, than popular rhetoric these days suggest.
To distil the performance narrative of Parliament into 15 minutes is near impossible; permit me however, to touch on a few key points.
Opening the doors of Parliament
Amongst the first order of proceedings for new Members of Parliament was the scrapping of the Rules that drew a veil of secrecy over the proceedings of Parliament. Instead, the Doors of Parliament, and its Practices were opened to all, this was the first amongst many fundamental shifts. Open and Transparent Procedures in Parliament, have become the norm. Many Parliaments, have since followed our example.
Constitution-making process
As the newly elected public representatives of the people, we had the honour to draft a Constitution for our fledgling democracy. The Constitution drafted in the public arena with the participation of millions of people, under international scrutiny and monitored by the media like a breaking news story- was a world first!
Today, few dispute the contention that there is no aspect of the law which is shut off from the Constitution. Few too could dispute that the three cornerstones of our Constitution – dignity, equality and freedom – infuses every aspect of life and law.
This interpretation underlies the expansive and transformational nature of our Bill of Rights.
The writing of the Constitution by Parliamentarians in the Constituent Assembly, sought to solidify the many objectives that the ANC and others had struggled to realize for years, from banning racial discrimination to laying the foundations for a truly democratic society.
Much of the constitutional phrasing is drawn directly from Freedom Charter, and the ANC’s “Ready to Govern” policy documents, therefore, we in the ANC understand that we have a larger responsibility to uphold it.
Ladies and gentlemen
Separation of Powers
The Constitution envisages that the State, consisting of the Legislature, the Executive and Judiciary, while maintaining the separation of powers, collectively plays a role to ensure that the goals of transformation are achieved. Its rationale is to ensure that one organ does not encroach on the competence of the other.
The separation of powers doctrine is an established principle which we do not consider, an obstacle to efficient government, as is alleged occasionally.
In our maturing democracy there has been only respect for the various roles that each arm has to play.
This is not to say, that occasionally, tensions and discomfort do not arise, in such instances, it is necessary for democratic institutions to mediate tensions and maintain equilibrium as they arise. I hasten to say however, that no constitution, organ of state or entity, can afford to stifle or frustrate the legitimate policies of a government responsible to a strong majority, as is the case in South Africa.
Institutions Supporting Democracy
The Constitution also established in chapter 9, Institutions to Support our Democracy, as an important part of our system of checks and balances, democracy, at work, as it were. An unfair perception has been created that Parliament, is interfering or stifling the work of ISD’s. This is very far from the truth and fact.
I wish to state emphatically, that Institutions Supporting Democracy as per the injunction of our Constitution are independent and subject only to the law. However, they are required to report to the National Assembly on their activities and performance of their mandate and spending of public funds. ISDs perform a valuable role in support of Parliament’s oversight function.
Parliament therefore works with ISD’s,- not in competition with them-, in our collective task of improving the socio-economic conditions of our people.
Ladies and gentlemen
Legislation
Parliament is the institution that has to give shape and give meaning to the achievement of substantive equality. One of the key roles of Parliament is to make laws. In the first three democratic parliaments, not only did we remove all known discriminatory laws from the statute books, but we also enacted a significant amount of legislation aimed at promoting and fulfilling the rights enshrined in the Bill of Rights.
The lawmaking process, has been one of the most interesting and dynamic processes, undertaken in Parliament. As you are aware, in recent years, a few Bills were returned to Parliament, by the Courts. The Courts raised concerns about the constitutionality of the bills.
In all of these instances, Parliament, has welcomed the Courts rulings, and we have accordingly implemented the necessary remedial actions, to strengthen our law-making capability. Consequently, we now have a Legal and Constitutional Drafting Unit that specifically focuses on issues of quality and constitutionality of Bills.
Ladies and gentlemen
Oversight
It is particularly with regard to oversight over the Executive that our Constitution envisages a stronger check, as it demands accountability to the democratically elected legislature.
It is for Parliament to ensure through our oversight role that the Bill of Rights and our key developmental commitments are truly reflected in policies and national budgets of government.
The exercise of our oversight function is therefore not only a fault-finding process, but it is also focused on the proactive detection of problem areas and providing solutions.
The Committees of Parliament play a key role in this and are specifically tasked to ‘maintain oversight of the exercise within its portfolio of national executive authority and any executive organ of State falling within its portfolio’.
Our Rules also empowers Portfolio Committees to ‘monitor, investigate, enquire into and make recommendations concerning any such executive organ of state… including the legislative programme, budget, rationalization, restructuring, functioning, organisation, structure, staff and policies of such organ of state”.
The willingness of an Executive to subject itself to the oversight of Parliament is the recognition and confirmation that Parliament provides democratic integrity to governance matters. Parliament is therefore the central institution for accountability of government as it gives legitimacy to the actions and decisions of the Executive when subjected to its oversight processes.
Alongside the work of Committees, mechanisms such as Question Time, Motions and Debates of National Importance, are the practical examples of accountability. It provides backbench Members with an opportunity to Question the President, Deputy President and Cabinet Ministers, to explain their actions through answering questions. These mechanisms are not intended to be a blood sport, than a serious type of inquiry!
Accountability as we know has an in-built tension, but these checks and balances are necessary safeguards in a democratic and developmental state.
Public Participation
Parliament’s mandate from the Constitution requires that we provide meaningful opportunities for our people’s involvement in our legislative and related processes.
The value of involving the public in addressing general societal concerns cannot be over emphasised. Society in general, but our most marginalised in particular, must be recognised as a key component in finding solutions to national problems.
Parliament, has over the years, undertaken a number of introspective processes to assess the extent to which the institution was evolving to meet the expectations of the Constitution. The Independent Panel Assessment, the Corder Review and Asmal Review are the most notable.
These reviews highlighted gaps in our oversight work and in response to these; we developed an Oversight and Accountability Model, to ensure a consistent understanding of Parliaments oversight role. A Public Participation Framework is near ready for implementation. In addition, a Parliamentary Budget Office has been established.
On-going training programmes have been introduced, specifically on oversight. We are working with the Institutions of Higher Learning to produce a curriculum for Members on Leadership and Governance.
Ladies and Gentlemen
Conduct of Members
In July this year the National Assembly adopted a comprehensive Code of Ethical Conduct, this too is part of our ongoing work to ensure that we maintain and build public trust and confidence in Parliament. It reflects our commitment that Members are accountable to the electorate for the manner in which they balance their private interests in relation to their public responsibilities. We have through the Code of Ethical Conduct ensured that the public interests prevail when a Member makes any decision.
Rules and procedures
The Constitution provides for Parliament to develop its own internal arrangements, proceedings and procedures. The Rules provide certainty to all parties that procedures won’t get in the way of debate and all other activities. Members are thus free to focus on substantive issues, but all agree to the manner in which they can interact on those issues. All members are expected to respect those processes. This is the convention in all Parliaments across the world.
For the last two years, now, a multi-party process has been underway, to reshape the Rules and Procedures in line with our Constitution and changing times.
The recent use of tactics by some Opposition Parties that reject Parliament’s Rules,- chanting rather than debates, sit-ins rather than committee sessions, have been counterproductive and has undermined parliament’s role and processes.
On this matter, Professor Steven Friedman, astutely noted, “We would expect democrats to oppose tactics that reject reasoned debate. But many who call themselves democrats, including a few who are on the opposite end of the political spectrum to parties such as the EFF- have hailed this new turn. The claim that chanting and sit- ins achieve more than normal parliamentary behaviour is not only false but worrying, because it says that shows of force count for more than argument- a deeply undemocratic view”.
I cannot agree more with Professor Friedman’s point of view.
The role of the Speaker
From time to time, the assertion has been made that the Speaker is not sufficiently insulated from party politics. The evidence suggests that this argument is redundant and baseless. The Speaker is guided by the Constitution, and the Rules, and therefore acts within the ambit of these. The Rules therefore are applied in equal measure to all Members.
But I have to ask the question- How does any person remain non-partisan in a developmental state- I cannot be neutral about our democracy. I do not feel that it is stretching the nature of the Office in which I serve to champion democracy, and social and economic transformation.
Ladies and gentlemen
The Media
Today’s initiative, I hope is the beginning of an ongoing dialogue between Parliament and the Media. As a consumer of the media, I have made a few observations, which I wish to share. I wish to qualify first that the state of democracy presupposes freedom of opinion and expression, this right implies freedom to hold opinions’ without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
Lately, it seems as if much of the public reporting focuses on the theatre, the spectacle and gaffes. Single words and phrases bounce around the airwaves framing public discussion.
There seems to be paucity between what I consume in the media and what I know is going on in areas of policy formulation and development.
Simple and clear exposition of facts, rarely cuts through the one- liners, the rhetoric, and masked ideology. It is no wonder then, that suspicion, fear and manipulation has undermined the confidence of many South Africans in their ability to work through complex issues.
I and others feel a sense of disappointment. I am however hopeful that the space exists for us to find each other. The media has an important role to play in educating the public on the work of Parliament, in shaping debate, fleshing out the detail and testing arguments. Most of all, like Parliament too, the media, has a powerful role in contributing towards nation-building, and healing the divisions of the past. I hope that we will be able to unpack many of these issues going forward.
Ladies and gentlemen,
Parliament continues to evolve. The Inter Parliamentary Union, Universal Declaration on Democracy states that “Democracy is a constantly perfected and always perfectible state or condition whose progress will depend on a variety of political, social, economic and cultural factors”.
The achievement of democracy is ongoing and presupposes a genuine partnership between men and women, in the conduct of the state of affairs of society in which they work in equality and complementarity, drawing mutual enrichment from their differences.
I am confident, that together, we can move in unison, to take South Africa forward.
I thank you!
