Parliament’s rebellious defence committee succumbed to political pressure yesterday, agreeing to continue work on the Defence Amendment Bill despite not yet being supplied contentious reports by Defence Minister Lindiwe Sisulu.
Earlier this month the committee made history by becoming the first in the democratic era to issue an ultimatum to a minister and the Cabinet. The committee had ruled that it could not continue work on the bill until it had considered reports of the Interim National Defence Force Service Commission, which variously described conditions in the military as a ticking time bomb and a threat to state security. The committee also gave the Cabinet 30 days to make the reports available. Ms Sisulu had insisted she could not provide the reports until the Cabinet had considered them. The commission gave her the reports eight months ago. When the committee met yesterday its chairman, Mnyamezeli Booi, tabled a letter from National Assembly speaker Max Sisulu, which described the decision to suspend work on the bill as incorrect and criticised the committee’s belief that the reports would inform its work on the Defence Amendment Bill.
Democratic Alliance MP David Maynier said the committee should stand its ground and refuse to work on the bill until the reports are supplied. He accused Ms Sisulu of being bloody-minded about the reports and wondered why eight months had passed and they still had not been dealt with by the Cabinet. But he was left without support as the rest of the committee decided to resume work on the bill.
Freedom Front Plus MP Pieter Groenewald said he agreed with Mr Maynier’s criticism of the length of time it was taking for the Cabinet to process the bills, but it was the committee’s function to do what was in the best interests of the South African National Defence Force.
The bill will create a permanent service commission to consider conditions in the military and it is common cause that the commission is urgently needed. Other MPs couched their reversal in similar terms, saying it would be irresponsible to maintain their position on the bill because delays now would mean it could not be processed by Parliament until next year.
Mr Booi said: “As a committee we go along with the contents of the letter of the speaker and feel that we should continue with the bill. “We will restructure the programme of the committee to restart the process.”
Mr Maynier said it “may be a victory for the minister but it is a defeat for our constitutional democracy”.
Source: Business Day
Showing posts with label Max Sisulu. Show all posts
Showing posts with label Max Sisulu. Show all posts
Thursday, September 16, 2010
Wednesday, September 1, 2010
Stand-off between Sisula and legislature
In an assertion of parliamentary power, the portfolio committee on defence and military veterans shelved deliberations on the defence amendment Bill until it is given two reports compiled by the interim national defence force service commission. Minister for Defence Lindiwe Sisulu has refused to provide the reports to Parliament until they are reviewed by Cabinet, in what has become a stand-off between her office and the legislature.
Committee chairperson Nyami Booi said that contrary to perceptions that this was intended as a political blow to Sisulu, the committee was simply acting in line with Parliament's power. He said the committee took the decision in light of a pronouncement on the matter by speaker Max Sisulu. The defence department however told the Mail & Guardian that it had understood the selfsame statement on the matter -- issued late last week -- as permitting the minister to submit the reports following a Cabinet review.
Booi had written to the speaker to seek guidance on the issue after Parliament received two legal opinions from its legal advisor, arguing that it was within its rights to compel the ministry to hand over the reports. Parliament's legal position was however disputed in an opinion provided to Sisulu and her department, which cited "executive privilege" as overriding Parliament’s power to compel Sisulu to provide the reports. In his statement on the matter, the speaker backed the powers of Parliament in holding the executive to account. "The role of Parliament in overseeing the executive is an important constitutional function and seeks to hold the executive to account," he said. "Parliament has no intention of relinquishing this right and responsibility, and further, has made its strengthening a priority." "For the sake of clarity, we emphasise that, in the performance of its oversight and legislative functions, Parliament has the power, provided by the Constitution, Rules and the Powers, Privileges and Immunities of Parliament Act, to summon any person to give evidence and to require any person or institution to produce documents," he said. The speaker did however indicate that he had received assurances from Deputy President Kgalema Motlanthe and the minister that "the PC [portfolio committee] will receive the report after it has been processed by Cabinet", and that the Cabinet would process the reports "speedily".
Democratic Alliance MP David Maynier called the move a "major political blow" for the minister and said it would "go a long way to roll back the accountability crisis at the department of defence and to ensure that the defence department is properly accountable to Parliament". Booi however would not be drawn on the political implications of the decision. "This is not about individuals," he said. "We are simply following parliamentary procedures."
Siphiwe Dlamini, spokesperson for the department, said that it was surprised by the decision, as it had understood the speaker's determination to mean that the committee would continue with its work until the Cabinet had released the report. He said that this could severely delay the passage of the Bill, which, it was hoped, would be finalised by the end of the year. The ministry could immediately be reached for comment.
Source: Mail & Guardian
Committee chairperson Nyami Booi said that contrary to perceptions that this was intended as a political blow to Sisulu, the committee was simply acting in line with Parliament's power. He said the committee took the decision in light of a pronouncement on the matter by speaker Max Sisulu. The defence department however told the Mail & Guardian that it had understood the selfsame statement on the matter -- issued late last week -- as permitting the minister to submit the reports following a Cabinet review.
Booi had written to the speaker to seek guidance on the issue after Parliament received two legal opinions from its legal advisor, arguing that it was within its rights to compel the ministry to hand over the reports. Parliament's legal position was however disputed in an opinion provided to Sisulu and her department, which cited "executive privilege" as overriding Parliament’s power to compel Sisulu to provide the reports. In his statement on the matter, the speaker backed the powers of Parliament in holding the executive to account. "The role of Parliament in overseeing the executive is an important constitutional function and seeks to hold the executive to account," he said. "Parliament has no intention of relinquishing this right and responsibility, and further, has made its strengthening a priority." "For the sake of clarity, we emphasise that, in the performance of its oversight and legislative functions, Parliament has the power, provided by the Constitution, Rules and the Powers, Privileges and Immunities of Parliament Act, to summon any person to give evidence and to require any person or institution to produce documents," he said. The speaker did however indicate that he had received assurances from Deputy President Kgalema Motlanthe and the minister that "the PC [portfolio committee] will receive the report after it has been processed by Cabinet", and that the Cabinet would process the reports "speedily".
Democratic Alliance MP David Maynier called the move a "major political blow" for the minister and said it would "go a long way to roll back the accountability crisis at the department of defence and to ensure that the defence department is properly accountable to Parliament". Booi however would not be drawn on the political implications of the decision. "This is not about individuals," he said. "We are simply following parliamentary procedures."
Siphiwe Dlamini, spokesperson for the department, said that it was surprised by the decision, as it had understood the speaker's determination to mean that the committee would continue with its work until the Cabinet had released the report. He said that this could severely delay the passage of the Bill, which, it was hoped, would be finalised by the end of the year. The ministry could immediately be reached for comment.
Source: Mail & Guardian
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