Cool heads needed now to fix crisis in Parliament

THE events of last Thursday in the National Assembly are surely the low point of post-1994 parliamentary democracy. The incursion by the SAPS Public Order Policing Unit into the parliamentary chamber was unprecedented and unlawful.

The Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act, 2004, is very clear about the circumstances under which the security services can enter Parliament. This is done strictly under only two circumstances: either “with the permission of the Speaker or the chairperson” (of the National Council of Provinces) or “when there is an immediate danger to the life or safety of any person or damage to any property”.

As Speaker Baleka Mbete has since denied on the record that she issued the order for the officers clad in full riot gear to enter the chamber in terms of the former, then it can only be assumed that LieutenantColonel Lotz and Brigadier Petersen relied on the latter to justify their charge into the chamber.

It is difficult, however, to understand how these officers came to the conclusion that diminutive MP Reneilwe Mashabela, outfitted in a domestic worker’s uniform, constituted an “immediate danger to life or property”. Indeed, it is exactly the incursion of these storm troopers into Parliament and the manhandling of Mashabela and other MPs objecting to their rough treatment, that led directly to all MPs’ safety being compromised, and damage to property.

The person responsible for calling in the SAPS, allegedly the Serjeant at Arms, has a great deal to answer for. So, too, does the head of parliamentary security. A full and proper enquiry is required into the circumstances, and those found responsible need to be relieved of their duties.

This is essential as it is an entrenched parliamentary tradition, dating back hundreds of years, that the security forces do not enter Parliament. This was largely to prevent the monarchs of old from sending in their troops to remove MPs who made statements in the house that displeased their royal highnesses.

Even in the darkest days of apartheid repression by the National Party regime, this tradition was respected and opposition members’ rights to speak freely in Parliament were protected. Not once was even the most vociferous critic of the regime, the member for Houghton, Helen Suzman, ever removed from the chamber by police.

The fundamental problems with this issue run far deeper, for it is entirely problematic that the SAPS are used for this function. They are an apparatus of the state, they report directly to the minister of police, who himself is a member of the national executive appointed by the president as head of this executive.

This is the very same executive that Parliament is constitutionally tasked with holding to account. It is unhealthy for our democracy that such an extension of the executive can be used as a tool against the opposition in Parliament, as it blurs the line between party and state.

If this trend continues, where will it end? Will MPs be hauled out for asking ministers uncomfortable questions, or perhaps motions that are displeasing to the ANC executive? This is a very dangerous road for our democracy to go down; we must turn back sharply as the ultimate destination of this course is a jackboot-clad police state.

There is no doubt our Parliament is in deep trouble. This is evidenced by a governing party that cannot even muster enough of its own MPs to pass its own legislation, and a president and executive who simply refuse to submit themselves to constitutionally mandated oversight of their actions.

In addition, we are saddled with a Speaker who prefers to don the T-shirt of her party, rather than the impartial robes of the institution that is the Speaker’s office. The rules of Parliament are disregarded by MPs on all sides, and when they are enforced it is often with a distinct bias. Debates have become full of venom and acrimony.

Healthy and established democracies are sustained by large and strong institutions. Parliament is the apex institution of our fledgling democracy, and we cannot allow it to (who else?) of “Gooi hom uit! Gooi hom uit!”(Chuck him out! Chuck him out!).

Speaker Loots might have been mild in manner, but he had iron in his soul. He won that confrontation, Botha backed down.

Can anyone imagine it happening again?

The law

SOME gems from the American court records:

Attorney: “Can you describe the individual?”

Witness: “He was about medium height and had a beard.”

Attorney: “Was this a male or a female?”

Witness: “Unless the circus was in town, I’m going with male.”

Attorney: “Is your appearance here this morning pursuant to a deposition notice which I sent to your attorney?”

Witness: “No, this is how I dress when I go to work.”

Attorney: “Doctor, before you performed the autopsy, did you check for a pulse?” Witness: “No.” Attorney: “Did you check for fail. If it does, then our very democracy will begin to unravel.

What we now need is cool heads to prevail. Political leaders and parties across the spectrum are going to have to come to the table, and we must work together to fix Parliament. We must all seek compromise and consensus on the basis that none of us alone has the monopoly on ideas.

It is this very process of negotiation and compromise that steered our country away from the brink of civil war and gave birth to the miracle of 1994. It is this same spirit that must prevail now as we pull our Parliament back from the brink of a constitutional crisis.

Steenhuisen is the DA’s chief whip.

blood pressure?” Witness: “No.” Attorney: “Did you check for breathing?” Witness: “No. Attorney: “So, then it is possible that the patient was alive when you began the autopsy?” Witness: “No.” Attorney: “How can you be so sure, Doctor?”

Witness: “Because his brain was sitting on my desk in a jar.”

Attorney: “I see, but could the patient have still been alive, nevertheless?”

Witness: “Yes, it is possible that he could have been alive and practising law.”

Tailpiece

FIRST Mayan: “Hey, you wanna drink?”

Second Mayan: “I’m working on this calendar, but I guess if I don’t finish it won’t be the end of the world.”

Last word EVERY improvement in communication makes the bore more terrible. – Frank Moore Colby