Some 100 days after it was constituted, South Africa’s seventh democratic parliament has no structures in place to oversee the conduct of spooks and wayward MPs, including scrutiny on how the legislature spends its R4.4bn budget.
This comes as parties bicker over who among them should chair critical joint committees on ethics, intelligence, defence and the financial management of parliament, among other crucial areas of oversight.
Fingers have been pointed at the dominant parties in the government of national unity (GNU) — the ANC and the DA — as they have failed to agree on how to share the powerful parliamentary oversight committees along with other smaller parties.
This means that, since the formation of the seventh parliament in June, there has been no oversight of government intelligence services, the ethical conduct of MPs and the declaration of their financial interests, and how parliament spends taxpayers’ money, leaving the proverbial guardians unguarded.
It emerged this week the legislature has yet to constitute the critical joint oversight committees owing to prolonged horse-trading between the ANC and DA over who should chair them.
In principle, we have agreed on how the joint committees will be split, but it’s more the names and the finer details of the joint committees that need to be ironed out
— George Michalakis, DA chief whip
According to the law and parliamentary rules, the legislature must constitute joint committees made up of members from the National Assembly and the National Council of Provinces (NCOP).
The committees include the joint committee on ethics and members’ interests, the joint standing committee on the financial management of parliament, the joint standing committee on defence, the joint standing committee on intelligence, the constitutional review committee, and the joint multiparty women’s caucus.
Sources who spoke on condition of anonymity told the Sunday Times talks between the GNU parties had dragged on because they disagreed over the allocation of chair positions.
DA chief whip George Michalakis said the parties had now reached an “in principle” agreement on the division of committee chairs, but he was reluctant to share details.
“In principle, we have agreed on how the joint committees will be split, but it’s more the names and the finer details that need to be ironed out,” he said.
“I can’t comment on the agreement before it’s finalised.”
Michalakis said it was a concern the joint committees had not been established yet, and added that the delay should not continue any further.
He said he was waiting for a response from the ANC with regard to its nominees for the chair positions.
“I’m ready to submit my names. I believe those committees will be set up very early in the coming term, and we are anxious to get them off the ground,” said Michalakis.
“But I am now waiting for the specifics with regard to which portfolios, and so on, from the ANC, and as soon as I receive their feedback and we are in agreement on that, I will be in a position to submit my names.”
Michalakis said there was no dispute in this regard, and while the parties had agreed on the basis on which the chair positions would be divided, the matter had not been finalised.
ANC chief whip Mdumiseni Ntuli had not responded to requests for comment at the time of publication.
Parliamentary spokesperson Moloto Mothapo said the institution had completed its work on the composition of the joint committees in terms of the rules of the house, which, among other provisions, state how many seats parties are entitled to on these structures in terms of the principle of proportionality.
“We are now waiting for all parties to submit the names of their members to formally constitute the joint committees.”
Makashule Gana, chief whip of Rise Mzansi, said he had submitted the names of MPs nominated to serve on the joint committees on behalf of the smaller parties last month.
“The delay is not the fault of the smaller parties,” he said.
Earlier this month, EFF national spokesperson Leigh-Ann Mathys said the party was concerned about parliament’s failure to establish the joint committees.
“The EFF is concerned that, while the ANC and the DA, the two main parties of the coalition government, are failing to chair the committees, the work of parliament is being undermined,” said Mathys.
“In the past, parliamentary activities led by the joint multiparty women’s caucus provided an opportunity [for legislators] to reflect on the scourge of gender-based violence, evaluate interventions, and [devise] practical and concrete programmes to elevate issues affecting women.
“This [situation] is worsened by the fact that the two political parties involved in the coalition government, which have failed to make any progress in fighting the scourge of gender-based violence, have now brought this attitude into parliament.”
She said the EFF was particularly concerned because one of the committees, the joint standing committee on the financial management of parliament, played a central role in overseeing how parliament’s funds are spent.
“In the absence of this committee, there is no proper scrutiny of the parliamentary budget. As it stands, the executive has no-one to account to, while it spends millions on ... hotels and functions, with the refurbishment of parliament going unmonitored.
“Previously, we witnessed a situation where the executive abused this lackadaisical attitude of MPs and spent parliamentary funds in a reckless and corrupt manner.”
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