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