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The Democratic Alliance (DA) believes that the Minister of Defence and Military Veterans, Lindiwe Sisulu, deliberately misled the Speaker of the National Assembly, Max Sisulu, and Parliament on the question of the reports of the Interim National Defence Force Service Commission.

On 02 September 2010 the Speaker of the National Assembly, Max Sisulu, wrote to Nyami Booi, Chairperson of the Portfolio Committee on Defence and Military Veterans, informing him that:

it is "speculative" that the reports of the Interim National Defence Force Service Commission will inform the Defence Amendment Bill; and
therefore there was no reason for the portfolio committee not to continue its consideration of the Defence Amendment Bill.

He effectively overruled Obed Bapela, the House Chairperson of Committees in Parliament, who had advised the portfolio committee in a letter dated 30 August 2010 that work on the defence legislation would only resume once the reports had been made available.

The Speaker therefore completely failed to assert the powers of the legislature and has turned constitutional democracy on its head by supporting the executive rather than supporting the legislature in the tug-of-war over the reports of the Interim National Defence Force Service Commission.

He based his conclusion on a letter received from the Minister of Defence and Military Veterans, Lindiwe Sisulu, dated 31 August 2010 claiming that there is no link between the reports of the Interim National Defence Force Service Commission and the Defence Amendment Bill.

The Speaker simply accepted the word of the minister and failed to do his own "due diligence" on the reports and satisfy himself that there was no link between the reports and the defence legislation.

The fact is it is the opinion of the committee that there is a link between the reports and the defence legislation.

One of the objects of the Defence Amendment Bill is "to establish a permanent Defence Force Service Commission".

The Acting Chairperson of the Interim National Defence Force Service Commission, Aboobaker Ismail, briefed the portfolio committee on 16 March 2010 that the Second Interim Report of the Interim National Defence Force Service Commission, which was submitted on 10 December 2010, focused on inter alia establishing a permanent National Defence Force Service Commission.

He went further and briefed the portfolio committee that the recommendation, contained in the report submitted on 10 December 2010, to establish a permanent National Defence Force Service Commission had been approved by the Ministry of Defence and Military Veterans.

His presentation also suggested that the report contained draft legislation making provision for the establishment of a permanent National Defence Force Service Commission.

There is then clearly a link between the objects of the Defence Amendment Bill, which is to establish a National Defence Force Service Commission and the reports, which make recommendations for the establishment of a National Defence Force Service Commission.

The Minister of Defence and Military Veterans, Lindiwe Sisulu, has therefore deliberately misled Max Sisulu, Speaker of the National Assembly, and Parliament.

The DA will therefore be writing to the Speaker of the National Assembly, Max Sisulu, requesting him: -

to scrutinize copies of the reports of the interim national defence force service commission and satisfy himself that there is no link between the reports and the defence legislation; and
if this proves not to be the case (1) to act firmly in the interests of the parliament and insist that the reports be made available and (2) to recommend what actions should be taken against the Minister of Defence and Military Veterans, Lindiwe Sisulu, for deliberately misleading Parliament.

The Speaker cannot allow the minister of defence and military veterans to ride roughshod over Parliament.