Issued by: North West Communication Service
AN ADDRESS BY NORTH WEST PREMIER POPO SIMON MOLEFE TO AN EXTRAORDINARY SITTING OF THE PROVINCIAL LEGISLATURE ON THE NATIONAL COUNCIL OF PROVINCES. MAFIKENG 04 FEBRUARY 1997
Today South Africa's constitutional democracy comes of age. The coming into effect of the permanent Constitution marks the end of an illustrious chapter that began on 27 April 1994 with the launch of South Africa into a new era of hope and freedom.
In the two and half years history of constitutional democracy, the Senate has been central to the process of laying a strong and lasting foundation for democratic governance and popular participation.
We have steadily but energetically consolidated that democratic foundation. Through our freely elected representatives at the local level we have ensured that the system of government is owned by the people.
The crowning moment on this process of national reconstruction and development, has been the adoption of a truly progressive constitution, that is going to form the cornerstone of a society based on democratic values, social justice and fundamental human rights.
We doff our hats to all those patriots who worked day and night in the Constitutional Assembly to craft the kind of constitutional framework that will promote and defend a democratic and open society, in which the government is based on the will of the people as a whole.
We salute our compatriots in the Senate for being at the forefront of this one of the most momentous processes in the reconstruction and development of our country. We also honour them for the good work they performed in the defence of the unity and integrity of the State throughout the transition, and for promoting the critical elements of this transition: nation building and reconciliation.
When the post-apartheid history of our national struggle is one day written, and the significant part played by the Senate is mentioned, among the names that will surely occupy pride of place is that of the departed stalwart of the liberation struggle, Comrade V. T. Sifora.
It is appropriate, Mr Speaker, that as we close the book on the Senate, we should mention in appreciation Comrade V T Sifora's contribution towards the process of healing the divisions of the past and towards ensuring that this Honourable House, the North West provincial legislature, worked smoothly and constructively with the national parliament in promoting good governance both in the North West and in the country as a whole. We honour him for his dedication and enthusiasm, as we honour the commitment of all his colleagues in the Senate.
The principle of co-operative governance, Mr Speaker, is the centrepiece of democracy and an essential component of efficient and effective governance. The honourable Members of this House will not be able to discharge their electoral mandate effectively unless there is interface between the three tiers of government and civil society.
The interim constitution had placed fundamental limitations on the Senate which did not strengthen the hand of provinces in the legislative process at national level. Although the powers of the post-apartheid Senate were in large measure stronger than those of its predecessor the interim constitution did not sufficiently empower Senators to influence, veto or review national legislation dealing with matters over which provinces shared jurisdiction with central government that notwithstanding, the basis for cooperative governance was laid by the interim constitution.
The establishment of the National Council of Provinces marks a decisive improvement on those limitations. It is a quantum leap into the future in which the interests of the provinces are going to be taken into account when bills falling within the functional areas of national and provincial legislative competence are debated in parliament.
Even where the NCOP and the National Assembly fail to agree on fundamental provisions of a bill, the provisions as proposed by the National Assembly will not necessarily prevail over the proposals of the NCOP, but will be referred to a Mediation Committee which will decide the issues purely on merit. In short, the NCOP is not going to be a so called rubber stamp on the wishes of the National Assembly. It will be where Provinces will contribute to national legislation having a bearing on the interests of the provinces.
It seems clear, Mr Speaker, that to confer a veto power on provincial governments collectively in regard to all legislation dealing with matters administered by the province is a marked, innovative departure from the practice as contained in the interim constitution. We wish our delegates productive deliberations at National Parliament. We want to assure them of our co-operation at all times. We have all the trust in them that they are not only going to promote the reconstruction and development of the North West, but they are also going to ensure that the province promotes the central objective of a united democratic, non racial, non-sexist and progressive society.