REPORT OF THE INDEPENDENT PANEL ASSESSMENT OF PARLIAMENT CONTENTS REPORT OF THE INDEPENDENT PANEL ASSESSMENT OF PARLIAMENT CONTENTS Panel Members 1 Extract from a speech by former president Nelson Mandela 3 Chairperson’s Foreword 4 Executive Summary 7 Introduction 10 Background to the Independent Review 10 Terms of Reference 11 Methodology 11 Constraints 12 Chapter Outline 12 Chapter 1: The Framework for South Africa’s Constitutional Democracy 15 1.1. The South African Parliament in Context 15 1.2. The Nature of our Constitutional Democracy 16 1.3. Parliament’s Constitutional Mandate 17 1.4. Parliament’s Strategic Goals 20 1.5. Criteria for Evaluating Parliament 21 Chapter 2: Parliament’s Legislative Mandate 23 2.1. Introduction 23 2.2. Delegated Legislation 25 2.3. Amendment of Money Bills 26 2.4. The NCOP’s Legislative Responsibilities 26 2.5. Internal Coordination of Legislation 27 2.6. Review of the Impact of Legislation 28 2.7. Parliament’s Ability to Initiate Legislation 31 2.8. Outstanding Constitutionally Required Legislation 31 2.9. Concluding Remarks 33 2.10. Summary of Chapter Recommendations 33 REPORT OF THE INDEPENDENT PANEL ASSESSMENT OF PARLIAMENT CONTENTS Chapter 3: Parliament’s Oversight Mandate 35 3.1 Introduction 35 3.2 Constitutional Mandate Regarding Oversight 36 3.3. South Africa’s Party List Electoral System and Parliament’s Oversight Mandate 36 3.4. The Development of a Parliamentary Oversight Model 37 3.5. Oversight by Parliamentary Committees 38 3.6. The Role of the Committee on Public Accounts 40 3.7. The Oversight Role of the NCOP 41 3.8. Institutions Supporting Democracy (Chapter 9 Institutions) 43 3.9. Conclusion 45 3.10. Summary of chapter recommendations 45 Chapter 4: Mandate to Serve as a Forum for the Public Consideration of Issues 47 4.1. Introduction 47 4.2. Plenary Debates 48 4.3. Parliament and the Media 50 4.4. Question Time 50 4.5. The NCOP as a Forum for the Public Consideration of Issues Affecting the Provinces 51 4.6. Conclusion 52 4.7. Summary of chapter recommendations 52 Chapter 5: Public Participation 53 5.1. Introduction 53 5.2. Challenges to Public Participation in South Africa 54 5.3. Public Participation in the Legislative Process 55 5.4. Constituency Offices and Constituency Work 58 5.5. Parliamentary Democracy Offices 62 5.6. Petitions 63 5.7. Public Participation Events 63 5.8. Public Education and Access to Information 64 5.9. The Importance of Feedback 65 5.10. Conclusion 66 5.11. Summary of chapter recommendations 66 CONTENTS REPORT OF THE INDEPENDENT PANEL ASSESSMENT OF PARLIAMENT Chapter 6: The Parliamentary Service 69 6.1. Introduction 69 6.2. Research Support 70 6.3. Support to Committees 70 6.4. The Language Service 71 6.5. Multilingualism and Democracy 72 6.6. Constitutional and Legal Support Services 72 6.7. Conclusion 73 6.8. Summary of chapter recommendations 73 Chapter 7: Transforming Parliament Into a Democratic Institution 75 7.1. Introduction 75 7.2. Parliament in the International Environment 77 7.3. Ethics in Parliament 79 7.4. Women and Parliament’s transformation 80 7.5. Floor Crossing 82 7.6. Parliament’s Leadership Structure 83 7.7. Parliamentary Budget Trends 85 7.8. Conclusion 86 7.9. Summary of chapter recommendations 87 Chapter 8: Recommendations and Conclusion 89 8.1. Discussion 89 8.2. Summary of recommendations 92 8.3. Sources Consulted 100 Appendix I: Terms of Reference for the Independent Assessment of Parliament 101 Appendix II: Roles and Functions of Parliament 103 REPORT OF THE INDEPENDENT PANEL ASSESSMENT OF PARLIAMENT PanEL MEMBERS REPORT OF THE INDEPENDENT PANEL ASSESSMENT OF PARLIAMENT PANEL MEMBERS1 Panel Chairperson: Pregs Govender was a political activist, teacher and trade unionist in the 70’s and 80’s. Between 1992 to 1994 she managed the Women’s National Council through which women impacted on the transition and Constitution. An ANC MP from 1994-2002, she initiated South Africa’s gender budget that catalysed similar initiatives globally. She chaired Parliament’s Committee on Women, which ensured that 80% of its transformative legislative priorities were enacted. She resigned after opposing the arms-deal in the defence budget vote and chairing hearings on the impact of HIV/AIDS. Author of ‘Love and Courage, A Story of Insubordination’, she works locally and globally, building an alternative politics. Selby Baqwa is currently Group Executive: Governance and Compliance at the Nedbank Group. Previously, he served as the National Public Protector (1995-2002). Baqwa was a part-time professor of mercantile law and an instructor at the School for Legal Practice at the University of Natal. Admitted attorney in 1976, practised until 1988 and thereafter practised as an advocate at the Durban bar. He was president of the National Association of Democratic Lawyers. From 1995-2003 he served as the Chancellor of North West Technikon (1995-2003) and is former vice-president of the International Ombudsman Institute. Colin Eglin was a Member of Parliament from 1958-1961 and from 1974-2004. He has also served as Leader of the Official Opposition (1977-79, 1986-88). During South Africa’s transition Colin served as the Democratic Party’s Chief Constitutional Negotiator, he was also a member of the Planning Committee of the Multi Party Negotiating Forum and of the Management Committee of the Constitutional Assembly. During 1993-94 he served as the Co-Chair of the Transitional Executive Council. Colin has traveled widely as a lecturer and consultant on Constitutional and Parliamentary matters and is the author of ‘Crossing the Borders of Power – The Memoirs of Colin Eglin’ (2007). Judith February is the Manager of the Political Information and Monitoring Service-South Africa at Idasa. She studied law at the University of Cape Town and she has worked extensively on issues of good governance, transparency and accountability within the South African context, specifically in the Parliamentary context. Judith was the civil society representative on the National Anti-corruption Forum in 2005 and is involved in the Civil Society Network Against Corruption. Her column, ‘Between the Lines’ appears in the Cape Times newspaper (South Africa), fortnightly. John Kane-Berman is the Chief Executive of the South African Institute of Race Relations. Previously he was senior assistant editor of the Financial Mail and South African correspondent for various foreign newspapers. Since 1983 he has been the Editor-in-Chief of SA Survey (previously Survey of Race Relations in SA). He has also written four books on South African political and economic issues. A graduate of Wits and Oxford, he is a former Rhodes Scholar. Papati Robert Malavi is a political activist, former Magistrate and former Speaker of the Limpopo Legislature who is now in private business. He holds a bachelor’s degree in law fom UNIZUL, a postgraduate diploma in Labour Law from RAU and a master’s degree in Conflict Management from UPE. He has traveled widely in Africa, USA, Canada and Europe attending seminars on Parliamentary democracy and governance. 1All members of the Panel, except one (John Kane-Berman), are signatories to this report. REPORT OF THE INDEPENDENT PANEL ASSESSMENT OF PARLIAMENT PanEL MEMBERS Koko Mashigo, an educator at heart, taught at Lebowakgomo Senior Secondary School for Five years (1990-1995 June), then became a Member of Parliament (August 1995-June 1999) and then Commissioner for the Public Service Commission (July 1999 to date). In all these capacities she has learned to embrace the values and principles contributing to social cohesion, and central to these are promoting and building strategic partnerships in order to enhance public participation, accountability and effectiveness with the view to accelerate service delivery, and to promote gender equity in all spheres of life. Academic background: B A Education at UNIN in 1988; BA (Ed) at UDW in 1990; MPA at UWC in 1998. Aubrey Matshiqi is a former member of the Strategy Unit in the Premier’s Office in Gauteng. His services as an analyst are used by local and international media, government, political parties, policy institutes, academic institutions, foreign embassies and the corporate sector. He writes regularly for different publications (including a column in the Business Day) and has addressed several seminars and conferences on various political topics. He was involved in leadership and other capacities in the UDF(as National Treasurer of the National Education Union of SA) the ANC, Umkhonto WeSizwe, the student movement (AZASO), the civic movement, the union movement and the South African Communist Party. Professor Sipho Seepe was until recently the Director and Head of The Graduate Institute of Management and Technology following a stint as the Academic Director of Henley Management College, Southern Africa. He has written extensively on matters of public interest, from politics, culture, affirmative action issues and education to matters relating to transformation of society and institutions. Among others, he is a recipient of the prestigious Fulbright South African Researcher Grant and Harvard South Africa Fellowship. He is presently a columnist for Business Day. Max Sisulu is a member of the National Executive Committee of the ANC and serves on its National Working Committee (NWC) and on its Finance Committee. He also heads the ANC Economic Transformation Committee having done so for the past 10 years. He established and became the first Director of the National Institute of Economic Policies (NIEP) from 1991- 1994. Mr. Sisulu served as Chairperson of the Portfolio Committee on the RDP (Reconstruction and Development Programme), in the National Assembly, Parliament, in 1994 and was later appointed to serve as the Chief Whip of the ANC in first Democratic Parliament of South Africa. Frederick van Zyl Slabbert was appointed as Chancellor of Stellenbosch University in 2008.