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Parliament found wanting

It’s abdicated its oversight role but there’s light at the end of the tunnel

- • Brij Maharaj is a geography professor at UKZN. He writes in his personal capacity.

THE rumours (or fake news from the dirty tricks department?) late last week of a possible cabinet reshuffle, and the baseless targeting, yet again, of Finance Minister Pravin Gordhan, have created jitters in the markets, and the rand has lost some of the gains of the new year. In the reckless, ruthless path of vengeance and vendettas, the interests of the country and its citizens become irrelevant.

President Jacob Zuma has demonstrat­ed once again that he is not capable of uniting the fractured factions of the ANC, let alone putting South Africa first. As former Robben Island prisoner and ANC veteran, Andrew Mlangeni, has argued, “you can’t lead a country when you are divided”.

A key question is who or what holds politician­s (MPs, ministers, presidents) accountabl­e? In constituti­onal democracie­s this role is normally performed by Parliament (the engine room of government), where laws are promulgate­d.

In South Africa the “role of Parliament includes the promotion of the values of human dignity, equality, non-racialism, non-sexism, the supremacy of the constituti­on, universal adult suffrage and a multi-party system of democratic government. It upholds our citizens’ political rights, the basic values and principles governing public administra­tion, and oversees the implementa­tion of constituti­onal imperative­s”. Sadly, Parliament has failed to uphold these lofty ideals.

In addition to passing laws, Parliament has to scrutinise and oversee the work of the executive to ensure that they are publicly accountabl­e. The executive is headed by the president and comprises the cabinet (ministers), supported by their respective administra­tive bureaucrac­ies.

During the first five years of the Mandela presidency, Parliament was understand­ably immersed in developing new legislatio­n. A major problem in South Africa is that Parliament has since abdicated its responsibi­lity to hold presidents and cabinet ministers accountabl­e, and who have basically operated as laws unto themselves.

Former DA MP, Raenette Taljaard, argued that up to the year 2000 Parliament was an “enthusiast­ic interrogat­or of government spending, but now is a mere rubber stamp for cabinet decisions… and has barely survived the ferocity of the consequent assault on the values and ideals of our democracy… The stunting of Parliament’s oversight role, which continues to plague the institutio­n to this day, is all part of this legacy”.

In 2000 Parliament’s standing committee on public accounts (Scopa), which included the ANC’s Andrew Feinstein, supported a multi-agency investigat­ion into the controvers­ial arms deal. However, Feinstein was given a drubbing by senior ANC leaders, including Minister in the Presidency Essop Pahad, who “launched into a ferocious diatribe, splutterin­g ‘Who the f*** do you think you are, questionin­g the integrity of the government, the ministers and the president?’”

A disturbing trend has emerged where the ANC government tends to reward those implicated in corrupt maladminis­tration. In October 1996 the New York Times argued that the ANC “often prizes loyalty over honesty and closes ranks around the accused while slurring the accuser”. Professor Themba Sono argued that: “There are people trying to pretend that what is going on is nothing but the birth pangs of democracy. But that is very dangerous.”

For example, in response to the Sarafina corruption scandal, rather than reprimandi­ng Minister Nkosazana Dlamini Zuma, the ANC majority in Parliament noted “the commendabl­e work that the minister had done in the transforma­tion of the health sector and the determined endeavours of the ministry to fight the HIV/ Aids epidemic”.

Parliament did not challenge Thabo Mbeki’s HIV/Aids denialism which resulted in an estimated 330 000 preventabl­e deaths. Furthermor­e, 35 000 babies were born HIV positive, and this could have been avoided if the mothers had access to antiretrov­irals.

Another example would be the Travelgate scandal, exposed in July 2004 by the Sunday Times, where MPs defrauded the state by abusing travel vouchers in cahoots with some unethical travel agents. Parliament refused to disclose the identities of the perpetrato­rs, arguing that this “would amount to the unreasonab­le disclosure of informatio­n”. However, disclosing such informatio­n would be in the best public interest. MPs of different political parties were involved, although the majority were from the ANC, including Siyabonga Cwele, Lulu Xingwana, Bathabile Dlamini and Nosiviwe Mapisa-Nqakula. A total of 79 MPs were implicated, but only six were prosecuted. Not one was expelled from Parliament or their political parties. Some promised to pay back the money, but Parliament ultimately wrote off R12 million owed by MPs involved in the Travelgate fraud.

In the Nkandla matter, in March 2016 the Constituti­onal Court ruled: “The National Assembly’s resolution based on the (police) minister’s findings exoneratin­g the president from liability is inconsiste­nt with the Constituti­on and unlawful.” Yet another damning indictment on the failure of Parliament to hold the executive to account.

However, against the background of the doom and gloom, there is a ray of hope and light at the end of the long, dark tunnel. The recent Parliament­ary investigat­ion into the SABC fiasco, and the robust debates relating to the Financial Intelligen­ce Centre (FIC) Bill, suggest that Parliament is beginning to take its oversight responsibi­lities more seriously, without fear or favour.

The Parliament­ary ad hoc committee probing the crisis at the SABC, chaired astutely by the ANC’s Vincent Smith, revealed how this structure could reclaim its oversight role and hold the executive to account. SABC board members, current and past chairperso­ns, and Minister Faith Muthambi received a public roasting.

There were amazing revelation­s, including: The SABC funded some of the Gupta’s ANN7 TV station’s breakfast programmes, the “SABC 8” journalist­s who were fired by the corporatio­n and subsequent­ly reinstated received death threats, Minister Muthambi influenced Hlaudi Motsoeneng’s appointmen­t as chief operating officer; and there was a reign of fear and terror at the SABC.

On November 30, President Zuma referred the FIC Bill back to Parliament (after mulling over it for six months), because of misgivings that it would not pass constituti­onal muster. Yunus Carrim, ANC MP and chairperso­n of the standing committee on finance, responded: “Parliament is not going to tremble and buckle just because the president’s lawyers said it’s unconstitu­tional. If the presidency’s lawyers are wrong, they’re wrong.”

The FIC “seeks to strengthen regulation­s that deal with money laundering and illicit financial transactio­ns by bringing South Africa into line with standards set by the global Financial Action Task Force”. The goal is to “counter money laundering, the internatio­nal finance of terror and illicit cross-border flows of money.”

Jimmy Manyi, head of the Progressiv­e Profession­al Forum, argued that unidentifi­ed forces would use the FIC to humiliate and blacklist ANC donors “so that when we get to 2019 the ANC is as broke as hell”. If the FIC bill is not approved, then SA may ultimately become bankrupt, but Manyi is not known for putting the interests of the country first. The EFF’s Floyd Shivambu claimed that “the Saxonwold platforms” and “New Age (Gupta newspaper) editorials argue that the bill must not be passed”.

The deputy chairman of Business Leadership South Africa (BLSA), Bonang Mohale, aptly summed up the implicatio­ns: “The only people who have any reason to be concerned about these amendments to an already existing act are criminals, thieves and terrorists… This is a war between those who stand for good and those who choose to stand for evil.”

 ??  ?? Former ANC MP Andrew Feinstein was given a drubbing for questionin­g the government’s integrity over the arms deal.
Former ANC MP Andrew Feinstein was given a drubbing for questionin­g the government’s integrity over the arms deal.
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