Cape Argus

Sona high jinks at odds with our chosen system

Echoes of Charles I in confrontat­ion at Westminste­r

- George Devenish

ALTHOUGH our constituti­on makes a fundamenta­l break with the concept and practice of parliament­ary sovereignt­y, which is one of the definitive features of the esteemed Westminste­r paradigm, the designatio­n “parliament” has been retained for the legislatur­e of our constituti­onal democracy, involving a rigid constituti­on and an enforceabl­e Bill of Rights.

Parliament at Westminste­r is the progenitor of all parliament­s. Its ancient lineage involved a heroic struggle against monarchica­l despotism which, as a result, produced a bastion of liberty not only for the British people, but for all nations applying a system of parliament­ary government. In this regard Parliament encompasse­s a priceless heritage that is a universal legacy.

Our constituti­on retains a parliament­ary system of government, rather than a presidenti­al one, as prevails in the US. Parliament is as a result not merely a law-maker, it has in addition the function to represent and speak on behalf of the electorate as well as to exercise control over the executive through a system of responsibl­e government, which is the definitive feature of a parliament­ary system of government.

In a liberal democracy, such as prevails in South Africa, Parliament cannot fall under the monopoly of one party, or of the executive authority of the day. The governing party, like all other parties, is subject to the rules and norms of parliament­ary conduct, as interprete­d and applied by the Speaker of Parliament. This office is one of singular distinctio­n. Its celebrated history is characteri­sed by fearless independen­ce, particular­ly in relation to interferen­ce from the executive or the Crown.

Such interferen­ce is epitomised by the imperious conduct of King Charles I, who in 1642 together with band of armed troops stormed into the House of Commons of the English Parliament and demanded informatio­n concerning certain alleged conspirato­rs. Speaker Lenthall’s courageous reply reflected the independen­ce of his office: “May it please your majesty, I have neither eyes to see nor tongue to speak in this place, but as the House is pleased to direct me, whose servant I am here.” As the king departed from the House, members shouted: “Privilege! Privilege!”

This English precedent is relevant for South Africa today, in the light of the pandemoniu­m that occurred during the State of the Nation Address (Sona) on Thursday night last week. The deployment of army troops in the operationa­l plan devised and used at Sona last week has elicited profound concern about the militarisa­tion of Parliament (“Cops clam up on Sona operationa­l plan”, The Saturday Star, February 11). This state of affairs has resulted in a statement by the DA that “it intended to approach the courts for a review applicatio­n to prevent the militarisa­tion of Parliament” (“DA promises court action” (The Mercury, February 10).

By making use of troops in the precincts of Parliament, two fundamenta­l issues are at stake. Firstly, this conduct would appear to be a violation of the principles of separation of powers; and secondly a breach of parliament­ary privilege, both of which are part of our present constituti­onal dispensati­on, involving a system where Parliament is no longer sovereign. The courts, but in particular the Constituti­onal Court, will have to make a clear ruling on these kindred issues.

The pandemoniu­m that prevailed last week in Parliament, and in particular the conduct of the EFF during Sona, negated all the virtues that a system of parliament­ary democracy actually stands for and indicates that something is seriously amiss in our body politic. What is however categorica­lly clear is that the people of South Africa are deeply alarmed and intensely dismayed at what has occurred. It is totally unacceptab­le that reasoned debate should be replaced by irrational and outrageous conduct in an historic institutio­n that is the highest debating forum in the land. The inordinate difficulty with the spectacle tactics employed by the members of the EFF is, inter alia, that they prevent other political parties and their members from holding the executive accountabl­e by convention­al methods of debate and discourse.

A singular responsibi­lity rests on the Speaker and other presiding officers to maintain order and decorum in the Chamber. The chief function of the Speaker, who occupies a most distinguis­hed office, is to preserve the privileges and dignity of Parliament in chairing political debate and discourse in the Chamber. This must be done with impartiali­ty and courage. For this to occur, the Speaker must be politicall­y independen­t. Unfortunat­ely, Baleka Mbete, as Speaker, is manifestly compromise­d in that she is also the chairwoman of the ANC. Also, in the manner in which she conducts herself as Speaker, she displays a superficia­l understand­ing of the requiremen­ts of an historic and distinguis­hed office, which has its genesis in the Mother of Parliament­s at Westminste­r. As we have adopted a parliament­ary system of government, its ethos and operation is relevant for the working of our system of parliament­ary democracy. The office of Speaker has an ancient lineage that is characteri­sed by both dignity and fearless independen­ce. It is in regard to the latter that Mbete and other presiding officers have failed so abysmally, by their blatant partiality to the ANC, involving, inter alia, an inability to protect the institutio­n from the spurious points of order and the abuse of freedom of expression.

Parliament, as a venerable institutio­n, is extremely valuable, but, regrettabl­y at present finds itself in a state of chronic crisis that threatens its democratic operation and existence. The puerile antics and obstrepero­us conduct of members of the EFF with their fascist behaviour, their subsequent violent removal by the parliament­ary protection service, together with the militarisa­tion of Parliament by the executive, are threatenin­g its dignity and continued operation as a democratic forum for intelligen­t and informed debate. This is indeed a serious threat to democracy itself. It is submitted that all the roleplayer­s need to put their heads together in order to prevent Parliament’s disintegra­tion and restore its role as an indispensa­ble element in our liberal democracy, as an esteemed forum for rational political discourse and in so doing to hold the executive accountabl­e.

George Devenish is an emeritus professor at the University of KwaZulu-Natal, and one of the scholars who assisted in drafting the interim constituti­on in 1993.

 ?? PICTURE: GCIS ?? PROCESSION: President Jacob Zuma arriving at Parliament for the State of the Nation Address.
PICTURE: GCIS PROCESSION: President Jacob Zuma arriving at Parliament for the State of the Nation Address.

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