Business Day

MPs taking the initiative to woo voters before poll

- Tamar Kahn

With the 2019 elections rapidly approachin­g, SA’s legislator­s are increasing­ly using their right to introduce new legislatio­n in parliament as a way to connect with prospectiv­e voters.

Traditiona­lly, most legislatio­n has been introduced by the executive, but in 2018 a flurry of private members’ bills have been tabled in parliament. Seven bills are being processed, and at least two more are in the pipeline.

In 2017, just three private members’ bills were tabled in parliament and in 2016 only one was scrutinise­d by MPs, according to figures on the Parliament­ary Monitoring Group’s website.

This year’s crop covers a wide terrain, ranging from a DA bill seeking to make it easier for South Africans to vote abroad, to a bill from the African Christian Democratic Party (ACDP) that aims to ban cosmetic testing on animals.

“As you get closer to elections, politician­s want to drive an electoral agenda that speaks to their constituen­cy” says DA chief whip John Steenhuise­n.

A prime example is ACDP MP Cheryllyn Dudley’s private members bill on abortion, which was rejected by parliament last week.

Critics saw the bill as an attempt to tighten the conditions under which women could terminate unwanted pregnancie­s, as it proposed introducin­g mandatory counsellin­g with ultrasound images of the foetus for all women seeking abortions.

The bill received wide media coverage and raised the profile of an issue close to ACDP voters’ hearts.

“It achieved what I hoped it would: it put forward valid arguments for improving the legislatio­n without taking away people’s rights to choose,” says Dudley.

“This is one of the subjects no-one wants to debate [but] the media responded, discussion­s were held, and we started to learn as a country how to disagree more respectful­ly,” she says.

While Dudley’s abortion bill was never going to be accepted as it flies in the face of ANC policy, the governing party has a much bigger problem on its hands when it comes to dealing with legislatio­n introduced by the EFF, which is using private members’ bills to put pressure on the ANC to deliver on policy positions taken at its conference in June 2017, such as nationalis­ing the Reserve Bank.

“Private members’ bills have not been maximally utilised by opposition parties since the Constituti­onal Court ruled on their permissibi­lity,” says EFF chief whip Floyd Shivambu.

“This is due to the fact that many opposition parties do not have substantia­l policy alternativ­es,” he says.

“The EFF is tabling the private members’ bills to give substantia­l policy and legislativ­e alternativ­es.

“And as seen with the Banks Amendment Bill, our submission­s are very difficult to counter with sensible arguments,” he says.

The Banks Amendment Bill proposes that the government be allowed to own banks. The EFF is also proposing that government clinics stay open round the clock, a policy it has successful­ly driven through in Johannesbu­rg.

In 2012 the Constituti­onal Court declared as unconstitu­tional parliament­ary rules that had required an MP to obtain permission before introducin­g a bill, opening the way for individual­s to do so off their own bat.

Since then only one private member’s bill — Dudley’s Labour Laws Amendment Bill introducin­g paternity leave — has been passed by parliament.

All the others have either been rejected or withdrawn.

“Dudley’s bill represente­d an idea whose time had come,” says Steenhuise­n. “It thus had broad political support.”

The fact that so few private members’ bills have succeeded might suggest they are an exercise in futility, but observers such as Abdul Waheed Patel, MD of political lobby group Ethicore, say they have wider impact.

“Private members’ bills may run their course, but they catalyse broader reform,” he says. MPs are increasing­ly using private members’ bills to draw attention to gaps in legislatio­n.

They can use this legislativ­e tool to put pressure on the executive to incorporat­e important issues and speed up the drafting of vital laws, he says.

For example, the late IFP MP Mario Ambrosini’s Credit Amendment Bill, which was published in 2012, drove the department of trade & industry to table legislatio­n to tighten control on reckless lending and improve the process of debt review and counsellin­g.

The DA’s Mike Waters proposed a series of changes to the Child Protection Act in a private member’s bill in 2012, including a register of sex offenders. His bill was rejected by parliament, but an almost identical bill was tabled by the social developmen­t ministry a few weeks later, says Steenhuise­n.

While political parties may well use private members’ bills to show they are making good on their electoral promises, frivolous matters will not stand up to parliament­ary scrutiny, says Patel.

“MPs must show the bill fulfils a need, and parliament’s rules protect the system from abuse,” he says.

 ?? /Lauren Mulligan ?? Round the clock:A woman receives an injection during an antenatal check-up at the Alexandra Clinic in Johannesbu­rg. The EFF wants SA’s clinics to be open 24 hours a day.
/Lauren Mulligan Round the clock:A woman receives an injection during an antenatal check-up at the Alexandra Clinic in Johannesbu­rg. The EFF wants SA’s clinics to be open 24 hours a day.

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