17 February 2004
Madame Speaker
Comrades, Friends & Colleagues
Historically the ANC has prided itself on being "a Parliament of the African people" uniting blacks across the boundaries of ethnicity, class and ideology. Since 1994, the ANC government has become even more broad-based. Representing all people of South Africa, white and black, men and women of all cultures and diverse backgrounds. Parliament has truly become the voice of the people.
The political landscape in South Africa between the first decade of the 20th century and the beginning of the 1990s has been described as one dominated by two streams - one the story of a parliament without a legitimate democratic base that passed increasingly repressive apartheid laws, and the other - a non-racial inclusive movement that called for and later fought for political rights and freedoms for all.
Prior to 1994, Parliament was both undemocratic and unrepresentative. As the executive dominated parliament, parliamentarians could do little other than to "rubber stamp" the apartheid government's initiatives. Today it is instead an equal partner, with its own constitutionally entrenched powers. The constitution vests parliament with the legislative authority of the national sphere of government as such when exercising its legislative authority, parliament is bound only by the constitution.
Section 1 of the constitution sets out the principles by which governance in South Africa must be informed. Thus a sovereign, democratic South Africa is founded on the following values:
These principles require parliament to strive towards promoting constitutionalism and human rights: Inclusiveness, being accessible, open, responsive and participatory, effectiveness and efficiency, transparency, representativity and multi-party parliamentary system.
Promoting Constitutionalism & Human Rights
The constitution committed South Africa to a democratic government by committing it to constitutionalism and the protection and promotion of human rights. Furthermore, the Bill of Rights entrenches not only civil and political rights, but requires the progressive realisation of socio-economic rights such as the right to housing, health care services and social security. Section 7 of the Bill of Rights states that the "State must respect, protect, promote and fulfil the rights in the Bill of Rights. Thus, state institutions such as parliament must oversee the development and the implementation of policy. They must be proactive in developing a human rights culture and must be central agents in the realisation of rights and the transformation of the country.
The challenge to transform society suggests the need to transform this institution, parliament. Yes indeed we can proudly say major strides have been made in changing parliament in order for it to become a tool to ensure transformation. To this end the legislative framework in South Africa has since 1994 created an enabling environment for this strategic direction of the country. Unjust legislations of the past have been revisited and amended, taking into consideration equity issues. The ANC led parliament has passed legislation such as the Employment Equity Act of 2000 and the Promotion of Equality and Prevention of Unfair Discrimination Act of 2000.
Representation of Women in Parliament
In most countries of the world politics remains the domain of men. This is evident in the numbers of male representatives as elected Members of Parliament. Statistics indicate that women constitute a mere 14% average of parliamentarians at world and regional level. However, there is a gradual increase of women parliamentarians in most countries. South Africa is one of the countries that have made the most strides in the Southern African region towards attaining the 30% benchmark for women parliamentarians by 2005 as set by the Commonwealth heads of governments. We in South Africa have already exceeded that.
Chapter 9 Institutions
Chapter 9 (section 18 (i)) of the constitution establishes various institutions to aid and compliment the work of parliament in overseeing the work of the executive. These institutions are called state institutions supporting constitutional democracy. They are independent and impartial, able to exercise their powers and perform their functions without fear or prejudice and are subject only to the constitution and the law.
Some of the institutions created by the constitution include the Commission on Gender Equality, the Human Rights Commission and the South African Law Commission. The Commission on Gender Equality in particular, has important consequences for the protection of women's constitutional rights. It can make recommendations to parliament or any provincial legislature on the promotion of women's interests and can investigate violations of women's rights.
The main objective of the Bill is to define and declare certain powers and immunities of parliament, provincial legislatures, Members of the NA, Delegates to the NCOP and Members of Provincial Legislatures (MPLs)
The Provisions of Chapter 7
Parliamentary privileges are not a licence for Members of Parliament to behave in ways that are unacceptable to society at large. Some form of codification of these rights is therefore needed to firstly, clarify the immunities, powers and privileges of Members both internally and to society at large. Secondly, it is needed to create some mechanisms of keeping Members accountable for the effective execution of their functions. Specific protections provided for in Chapter 7 include:
Liability for Acts Done Under the Authority of Parliament
No person is liable in damages or otherwise for any act done in good faith.
Duty of Criminal Courts in Respect to Members
The courts have a duty to inform parliament when a Member has been sentenced to a period of twelve months or more without an option of a fine.
Conclusion
Public access to parliament has been greatly improved; though we still face practical challenges that prevent people from getting to parliament. For the first time in the history of this country, the public has mechanisms, through which they can interact with parliament, nationally and provincially. Portfolio and standing committees have assumed new ways of functioning. The sittings are open to the public, which can meaningfully input into the processes of formulating policies and making law.
The ANC has the best record of servicing constituency offices across the country.
Yes indeed the tides has turned.
Thank you