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

Sisulu lid on reports ‘may spark conflict’

MORE conflict might arise over Defence Minister Lindiwe Sisulu ’s refusal to furnish interim reports on the state of the military, the Democratic Alliance (DA) said yesterday. This came as the chairman of Parliament’s portfolio committee on defence, Nyami Booi, called on Deputy President Kgalema Motlanthe and Speaker Max Sisulu to intervene in the row between Ms Sisulu and MPs.

DA MP David Maynier said Ms Sisulu’s reluctance to allow MPs to view the reports could be proof of the “damning contents of the reports”. “The DA’s position is clear. The interim reports should be furnished to the portfolio committee. I think those reports contain damning information on the state of the military, particularly on issues of morale,” Mr Maynier said. He said it was strange that Ms Sisulu could refuse to release the reports, while she had already implemented their recommendations. “These interim reports have already resulted in action by government,” he said.

Ms Sisulu last week conceded that she had acted on interim findings of the commission, notably by adjusting the pay of lower ranks in the defence force. Mr Maynier also accused Ms Sisulu of “consistently refusing to be accountable to Parliament” and said she appeared intent on keeping the interim reports under wraps for good, as she had only undertaken to release the final version to the committee. Ms Sisulu continued to insist that she could not release interim reports because they were “work(s) in progress”. She said she was only obliged to release the final findings of the Interim National Defence Force Service Commission and, even then, only after its report had been endorsed by the Cabinet.

It was reported that Mr Booi forwarded legal opinion, indicating MPs had a right to view the reports, to Mr Motlanthe in his capacity as head of government business in Parliament and to the speaker. “It has been given to those offices,” Mr Booi said. However, yesterday the offices of Mr Motlanthe and Ms Sisulu said that they had not been formally approached to intervene in the impasse.

Interim findings by the commission were leaked to the Sunday Times and painted a damning picture of service conditions in the military. It warned that this undermined morale and potentially even national security.

Source: Business Day
Also see commentary by Pierre De Vos, in his article entitled "The Princess and the Moon"