Blurring of the lines…

One of the most important principles in South Africa is the separation between the judiciary, legislature, and the executive. However, two recent examples point to a worrying blurring of the lines between party, government and legislature.

Both have to do with the Public Protector’s report on the Nkandla matter. The Speaker, in terms of the Rules, convened an ad hoc Committee of Parliament specifically to “consider the President’s response to the Public Protector’s report”. Although all parties agreed that, for various reasons, the time allowed to the ad hoc Committee was very short, the ANC was reluctant to embark upon a process that it might not be able to finish. Other parties felt that they should at least attend to some issues, such as finding out the status of the Special Investigating Unit inquiry, given that the President had promised a full reply on conclusion of that inquiry, and thus be in a position to make more specific recommendations to the next Parliament. The ANC used its majority in that Committee to defer the matter to the Fifth Parliament, “to deal with” the matter (whatever that means).

Although, throughout the term of the Fourth Parliament, the ANC has consistently defended its actions as representing the will of the people that it serves, Mr Buti Manamela, in response to a suggestion that his mind had been made up for him by “Luthuli House” confirmed unashamedly that he was “not here representing any person”, and indeed took his instructions from the party, implying that it was not necessary for him to apply his mind responsibly as a member of the legislature, to serve the people and the Constitution. The ANC questioned why the opposition parties were so keen to proceed with the matter now. The factually correct statement by opposition parties that there was no guarantee that the Fifth Parliament would indeed investigate it, nor were the terms of reference known should a new Committee be called, was lambasted as “scandalous… I shall inform the Fifth Parliament of these views”.

Far more “scandalous” than this, however, if it is correct, is the media announcement on Sunday that Speaker Max Sisulu and senior Parliamentary officials had apparently been summonsed to Luthuli House to explain why the Speaker had acted perfectly legitimately and called a committee. Whilst the party spokesman has not confirmed the meeting, saying merely that “I am not aware of it”. Should the Speaker have been called to task by one party, outside of Parliament, that would be a most worrying development, and does not augur well either for his own position, or the new Parliament. Time will tell after 7 May whether the Speaker – old or new – will be permitted to act in accordance with Parliamentary rules, rather than party or executive dictates.