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SA: Intervention to protect members's rights to be done within the rule

SA: Intervention to protect members's rights to be done within the rule

27th July 2015

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/ MEDIA STATEMENT / 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.

Parliament notes a weekend newspaper report that it has enlisted police to evict Members from the Houses of the National Assembly (NA) and National Council of Provinces (NCOP) and wishes to provide the following clarification.

Speaker of the NA, Ms Baleka Mbete, and Chairperson of the NCOP, Ms Thandi Modise, were directed by the Parliamentary Oversight Authority (POA) in 2014 to increase the capabilities of the Parliamentary Protection Services (PPS).

A similar call was again made by the multiparty Rules Committee of the NA in June 2015. This call specifically relates to the PPS’s capacity to remove a Member who fails to heed the ruling of a Presiding Officer to leave the Chamber voluntarily, as honourable Members are expected to do.

Parliament did not enlist the South African Police Service (SAPS) to perform any security function in the Chamber. This means that SAPS’ uniformed police are not going to be enlisted as the first line of engagement unless there is a threat to life and/or a criminal act is taking place. Parliament seeks to ensure that the privileges of Members of Parliament, as contemplated in the constitution, are safeguarded and enabled.

The Constitution provides for three independent arms of state and espouses the principle of the separation of powers. In this context, it is important to note that Parliament is part of the South African State. This means that it is not untoward for a state organ to be protected by state security services. However, the issues related to maintaining order and facilitating Parliamentary business is managed as provided for by the Constitution, which empowers Parliament to determine its business.

The Rules are enabling instruments to facilitate the work of Parliament. Therefore, Parliament rejects any view which suggests that, through its efforts to strengthen its security capacity, it flouted the principles of the separation of powers. Parliament equally rejects the assertion in a Sunday newspaper report that it code-named the security enhancement project as Project EFF.

It is our understanding that the Rules which are being developed by the multiparty Rules Committee are meant to address the behaviour of any Member who disrupts  proceedings of the House. These Rules are not developed nor are they meant to deal with a specific Member or Party but with all Members of Parliament equally. Parliament will prepare itself accordingly in line with the decision of the relevant structures.

Parliament is following all the relevant steps in the process of implementing the security enhancement project as directed by the POA, the Rules Committee and the Executive Authority. No step in the process has been or will be bypassed as alleged by a senior source quoted in the Sunday newspaper report.

The process of capacitating PPS cannot be done to undermine the Rules. This capacity is being developed on the direction of the policy organs of Parliament taking into consideration the character of the 5th Parliament.

It is common cause that Parliament does not have the requisite capacity to effectively manage disruptive behaviour in the House. It is equally known that we are required to provide the required service with immediate effect. This will be done under the authority of the Executive Authority of Parliament and the Accounting Officer.

In undertaking this task we are engaging with our counterparts in the Executive for advice, support and partnership as part of the organs of the state which are independent of each other but which are interrelated and operating with the necessary checks and balances. This approach is congruent with the principle of the separation of powers which is a dynamic doctrine that envisages the interaction of the three arms of the state

Therefore, any seconded officials will work under the direct authority of the Executive Authority and be directed by the Accounting Officer.  This means that officials seconded to the institution effectively become staff members of Parliament.

To reiterate a point made above, all security enhancement initiatives are and will be implemented with the sole purpose to protect and to promote the privileges of all Members, to facilitate the business of Parliament and to ensure that the institution acquires the requisite skills that are needed to achieve this objective.

Further and detailed information on this matter will be provided once Parliament has gone through the entire planning and preparatory processes.

 

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