The content on this page is not written by Polity.org.za, but is supplied by third parties. This content does not constitute news reporting by Polity.org.za.

ANC Chief Whip Mathole Motshekga’s call for committee chairpersons to be less forthright in their handling of cabinet ministers is bemusing, given the fact that the large majority of ANC committee chairs already protect the cabinet, while few actually engage in the sort of ‘robust’ debate that Dr. Motshekga seems to believe is the norm.

Indeed, if there is one problem we do not have in our legislature, it is committee chairpersons being overbearing when handling cabinet ministers. It is instructive to consider that one of the few chairpersons to have engaged with any real vigour when handling the executive, Nyami Booi, was recently removed from the defence committee by the ANC, after Minister Lindiwe Sisulu ignored his requests and failed to appear before Parliament when scheduled. Presumably Mr. Booi’s robust and principled handling of defence committee business fits into the category of behaviour that Dr. Motshekga believes is “disrespectful” – and if this is the case, then his call for ‘less harassment’ of ministers is clearly just an attempt to further disengage Parliament from its constitutionally mandated oversight role.

Additionally, the ANC Chief Whip is not at liberty, constitutionally, to order parliamentary committees to structure their programmes according to the schedules of cabinet ministers. Section 56 of the Constitution gives Parliament the right to “(a) Summon any person to appear before it to give evidence on oath or affirmation and (b) require any person or institution to report to it”. That right is not qualified based on a minister’s diary schedule. Handing cabinet ministers’ the right to pick and choose when to appear before Parliament risks setting a precedent whereby Parliament is unable to act against ministers who continually avoid appearing before committees because of ‘more pressing’ engagements.

I will be writing to the Speaker of the National Assembly, Max Sisulu, to receive clarity on what changes have been made to the scheduling of committees, as well as to emphasise the need for a robust, effective and independent legislature.

I will also raise the matter at the next meeting of the Chief Whips Forum where I will again propose that the recommendations contained in the Independent Panel Assessment on Parliament to be adopted. Those recommendations largely address the current problems in the legislature.
In 2010 alone, a number of worrying developments weakened the oversight role of parliament significantly. These included:
The aforementioned dismissal of the Defence Committee chairperson.
The fact that, by December 2010, hundreds of written questions posed by members of parliament remained unanswered by ministers. According to the Rules of the National Assembly, a Minister has 10 working days to reply to a written question.
The absence of 24 Cabinet Ministers from oral question sessions in the house last year. This conduct went unpunished and no apologies were provided.

Upon assuming office, President Zuma pledged that the Fourth Parliament would be ‘an activist parliament.’ For that to be achieved, the legislative arm of the state must ensure that it implements its constitutional mandate to hold the executive to account. The Democratic Alliance will continue to work tirelessly to ensure that this mandate is achieved, so that parliament is a forum for robust debate and accountability, and not a mere rubber stamp for cabinet.