Sihlalo obekekileyo, Malungu ePalamente nakubo bonke abakhoyo ... [Hon Chairperson, hon Members of Parliament and everyone present ...]
... I greet you in support of our noble endeavours for a better Africa for all. From its inception, the vision of the Pan-African Parliament, PAP, was to become a legislative body, notwithstanding its current consultative and advisory status. Currently, the PAP is busy moulding its future as a legislative body - a transformed institution that will, as one of the nine organs of the African Union, also ensure a transformed Africa.
Inaugurated on 18 March 2004, the PAP's geographical scope includes that of all the subregional parliaments, but the relationship between the different multilateral parliamentary bodies has not been defined to date. As part of its historic duty, our Parliament has to play a role and contribute to the realisation of a transformed PAP, one that would ensure that Africa became a better place to live in.
It is for such a role and contribution that I challenge this House to consider strengthening regional economic communities and regional parliaments as part of a range of institutions that positively and sustainably impact on an effective PAP. Such transformation goes beyond mere conversion into a legislature and extends to changing institutional culture, such as the enhancement of democratic practices and engaging with the ordinary people of Africa.
One of the frameworks for an effective PAP is the African Economic Community, which is an organisation of the AU for mutual economic development among African states. Currently, there are multiple regional economic communities, RECs, in Africa, many of which have overlapping membership. These RECs consist primarily of trade blocs and, in some cases, there is some political and military co-operation.
Why, then, is there a need to strengthen those regional economic communities and regional parliaments? The geopolitical location of the PAP constrains it from effectively executing some of its duties and functions, now and even into the future. Currently, a good example is the involvement of ordinary Africans and, in the future, effective oversight, as well as its expected role in the harmonisation of policies and laws.
The effective and sustained implementation of the New Partnership for Africa's Development, Nepad, programmes can be done through strengthened RECs, among other strategies. The current endeavours to establish a tripartite trading platform comprising the Southern African Development Community, SADC, the Common Market for Eastern and Southern Africa, Comesa, and the East African Community, EAC, are worth noting and also commending. Let me remind this House that intra-African trade is still hovering around 10%, compared to intra-European trade, which is above 60%.
Furthermore, we need to take note of the role of the President of our country in the advancement of infrastructure. Without doubt, the regionalisation of his project under the AU, through the RECs, would find more success than anything.
In his argument for regional parliaments as engines of integration and democratisation in Africa, a German scholar on the PAP, Ulf Terlinden, contends: In the course of renewed efforts to complement economic integration with the broader political dimension of regional integration, regional assemblies receive increased attention and have gained in significance over recent years.
A good example is the SADC Parliamentary Forum, formally launched in July 1996. It is the oldest regional parliamentary structure in Africa, albeit informal, hence its restricted mandate. There are plans to transform it into a regional parliament, and yet the adoption of the document and the launching of the full parliament have been postponed repeatedly, partly in order to move in step with the development of the PAP.
In 2004, parliamentarians from 11 SADC countries expressed concern about the lack of progress in establishing a regional parliament, given that the Parliamentary Forum was established back in 1996. Speakers at the meeting noted that a regional parliament would streamline southern Africa's participation in the PAP. It was also felt that a regional parliament would help national law-makers to speed up the adoption of SADC protocols, which currently take up to four years to be ratified by certain states.
With its current membership of 53, the PAP has an enormous task to be effective as a continental legislature. Driving programmes of Nepad, for example, would be more successful with the involvement of the regional parliaments, especially on more localised but collective, regionally based oversight. The same applies to the African Peer Review Mechanism, on the assumption that sooner rather than later more countries will be part of this programme.
Strengthened RECs and regional parliaments have the potential to enhance implementation of treaties and protocols of the AU. Albeit low, the involvement of regional parliaments in the ratification process of the African Charter on Democracy, Elections and Good Governance is one good example of the impetus of such institutions on the PAP. Most of the RECs form the pillars of the African Economic Community, many of which have overlapping member states.
What is expected of these RECs and regional parliaments? Elections, legitimacy and representations are some of the issues that must take the linkage with regional parliaments on board when crafting the legislative PAP. De-emphasising of narrow national agendas and the enhancement of regional co-operation through collective efforts will have a strong impact on the effectiveness of a legislative PAP. However, such RECs and regional parliaments become the best tools for this.
With regard to peace and security, RECs and regional parliaments in particular could either pre-empt or address security threats before they escalate to a continental level. The ANC is unequivocal that weak and conservative global and continental institutions are not appropriate to support the African agenda, nor to defend its independent voice on global affairs. As long as linkages between the AU and its building blocks, the RECs, are weak, the agenda for a better Africa cannot be realised.
In conclusion, the ANC applauds the contribution of this Parliament and government in their efforts to review the mandate of the PAP with a view to its transformation and the operationalisation of financial institutions provided for in the AU's Constitutive Act, including the African Monetary Fund. Both the RECs and regional parliaments could be drivers of integration in various aspects of African life, as well as being promoters of democratisation, should they be appropriately strengthened. The PAP's role in advancing the African Renaissance could be buttressed by the strengthening of the RECs and regional parliaments.
The ANC maintains that the road to deeper continental unity is through strengthening the RECs, which the AU considers to be building blocks for greater unity. Believing that the unity we create should be sustainable and systematic, the ANC considers a greater focus on strengthening regional integration as providing the surest way, not just to a strong continental unity, but to one that is best poised to respond to the developmental imperatives of the continent.
Lastly, our Parliament is charged with the responsibility of ensuring that the outcomes of today's debates find their way into discussions by African leaders at future AU summits. [Applause.]
Hon Chairperson, the Pan-African Parliament, PAP, is an organ of the African Union, AU. Its inception took place on 18 March 2004 and it is the first continental parliamentary assembly for Africa. The PAP's vision is "one Africa, one voice" and is informed by a vision to provide a common platform for African people to be more involved in discussions and decision-making on the problems and challenges facing the continent.
The permanent seat of the PAP is in Midrand, Gallagher Estate, South Africa. Many of my colleagues in this House know little, if anything, about the PAP and its workings. Despite having been in existence since 2004, PAP is not popularly known by our citizens, not even around Midrand, which is the seat of the PAP. So, I wish to spend a little bit of time today - and I am sorry that the numbers in the House are so low - to tell you what we actually do at the PAP.
Five members of parliament from each of the member states of the AU are elected by their parliaments to represent them at the PAP. May I, on a lighter note, stress at this point that this is not a paid position. [Laughter.] I hope so. A lot of my colleagues seem to think that I go on some jol [party]; you know, a paid-for-by-Parliament jol [party]. The structures of the PAP consist of a bureau and 10 permanent committees. The current president of the PAP is the honourable Bethel Amadi from Nigeria. We have plenary and committee sittings twice a year for two weeks each time.
Now, according to Article 11 of the protocol, during the first term of its existence the PAP shall exercise advisory and consultative powers only. Although the PAP is now in its third term, it has not assumed its legislative powers. There are several reasons for this, but I wish to first reflect on the South African Parliament's position. South Africa is the host country. Therefore it should have been the first to establish an advisory or focal desk for the PAP in its Parliament and show linkages between its Parliament and the PAP. Since my appointment to the PAP in 2009, not a single report on PAP activities has been debated in this House. This is unfortunate, because we have discussed important issues, like Cop 17, human rights, land grabs and the harmonisation of medicines, just to mention a few. At my request, after some serious pressure, we debated the African Charter on Democracy, Elections and Government.
The PAP has been camping in temporary quarters since its inception. Commencement of the building of the new parliament was put on hold, because the building was sinking as it was being built on shale. But I heard yesterday that a new site has been identified and we will probably get a new building next year. There is a great need to popularise and legitimise the PAP, and I hope that today is the starting point in our Parliament.
The overall budget for the PAP is very small. Much of it is derived from membership fees. I must tell you that I am personally delighted that South Africa has secured the position of the AU Chair. I first wish to congratulate Dr Nkosazana Dlamini-Zuma on her appointment and wish to appeal to her to increase the budget of the PAP. [Laughter.] Secondly, I ask her to facilitate a process where the PAP motions and resolutions can be implemented. [Applause.] The PAP cannot go beyond making recommendations as it lacks the capacity to implement its decisions. It relies on the AU, which is the mother body, to implement them. If the AU gives recognition to the work of the PAP, it will make the transformation from the consultative to the legislative much easier.
The PAP has had some major achievements. It has ratified the African Charter on Democracy. On its mandate to promote the principles of human rights and democracy in Africa, fact-finding missions were sent to the Democratic Republic of Congo, the Saharawi Arab Democratic Republic, Tunisia, Libya and Darfur. To encourage good governance, the PAP sent its own election observer mission to many countries, including Zimbabwe, Ghana, Zambia and Namibia. It hosted the Global African Diaspora Summit in an effort to strengthen continental solidarity and build a sense of common destiny among the people of Africa. The PAP also has good working relationships with the Economic Community of West African States, ECOWAS, the Southern African Development Community-Parliamentary Forum, SADC-PF, and the East African Legislative Assembly, EALA.
There are many challenges facing the PAP, the most important one being the lack of a dedicated budget. My colleague, the hon Muthambi, will address this in her speech. The transformation of the PAP into a legislative organ is one of the eminent and most important challenges facing it. There has been criticism of such transformation, given that we don't have common languages or currencies. This is yet another task for the AU chair to place high on her agenda for consideration. A review of the protocol is needed.
Having been a PAP MP since 2009, it is my considered opinion that the current challenges it faces can be overcome and that the PAP does have a meaningful role to play on the African continent. It is an honour to represent the Parliament of South Africa at the PAP and I am proud to be one of only five MPs in this august House to hold the title of double MP. I thank you for this responsibility. [Applause.]
Chairperson, before I start with my speech, I must say that I am still inexperienced as far as the PAP is concerned. I would like to thank all the Members of Parliament for giving me the opportunity to be part of the PAP. I must say that it was a good feeling when you all voted for me to be part of the PAP, and I will not disappoint you. [Applause.] I might disappoint you a little bit now, because as I am reading my speech I still know boggherall [nothing]. I know ...
... kancinane nje, kodwa ndiza kuzama ningatyhafi. [... just a little bit, but don't be disappointed, I am going to try.]
When the PAP was established, its functions were largely of a consultative and advisory nature in dealing with issues on the continent. I hope members here will always remember that the foot soldiers were the following women: Our then Speaker, uMama Frene Ginwala, uMama Makhosazana Njobe, uMama Nkosazana Zuma and uMama Baleka Mbete. In this, Women's Month, I would like to congratulate them for having been among the foot soldiers who paved the way towards the PAP. Thank you very much. [Applause.]
A large part of the functions of the PAP would entail working towards the integration, harmonisation or co-ordination of the laws of the member states. However, we need to answer a couple of questions in terms of how effective the PAP has been in representing the voices of African people on various policy issues and conflicts. With this in mind, the PAP, with its minimal powers in only consultative and advisory functions, will not be able to address the various political governance and conflict situations on the continent.
The PAP needs to be more visible in terms of the role it is playing on the continent. It cannot be restricted to observer status and fact-finding missions in conflict areas, with no legislative authority to enforce decisions. In this regard, the PAP must be better represented in structures of the AU and be able to make recommendations that can be adopted formally by the AU and its affiliate structures.
Currently, member states and national parliaments send representatives to the continental parliament. However, as we all know, some of these national parliaments are at various levels of development. Some states are dictatorial and others have different models of democracy, etc. Hence, the election of PAP representatives needs to be revisited. We need MPs and members who possess knowledge of regional integration issues to serve on the PAP.
There are some critical questions that need to be pondered. The first one is: Is the PAP as an institution ready to assume legislative functions? The second one is: Does it have the appropriate systems and resources for its development? [Interjections.]
Order, hon members. The noise level is too high in the House. It is very difficult to follow what the hon member is debating. I think it is in our best interest to hear what the member has to say, since we elected her to serve in the PAP. You may proceed, hon member.
The third question is: Have members ever heard of governments being subjected to legislation that was passed at the AU level? The PAP can no longer be viewed as being ceremonial in nature, to be used by the African political elite who come together only to discuss issues, but with no immediate impact and without the ability to influence outcomes.
The PAP should be a legislative arm of the AU and obtaining legislative powers should be viewed in this context. From a strategic perspective, obtaining legislative powers will be seen as an indicator of institutional influence and will add to its political legitimacy in the AU.
Lastly, before we can grant the PAP full legislative functions and powers, we need to resolve some of the following issues: determining its institutional relations with the AU; improving its relationship with the national parliament; and building the participation capacity of civil society to be able to participate effectively in the PAP structures.
We need a gradual approach to give full legislative powers to the PAP. We need to be pragmatic about what this would mean to the AU organs, the types of resources required and the level of political acceptance among the varied regional economic communities. [Applause.]
Chairperson, hon colleagues, unlike the previous two speakers I can't stand here and boast that I'm a double MP. They've been elected to represent this Parliament at the PAP and we wish them well in whatever they do.
At the outset and on behalf of the IFP, let me also take this opportunity to congratulate Dr Nkosazana Dlamini-Zuma on her election as chair of the AU Commission. It's significant that it falls in Women's Month. I'm sure she will do an excellent job on behalf of the people of our country.
Established in 2001, the PAP sought to promote the participation and representation of the people of Africa within a parliamentary framework committed to strengthening democratic values and principles on the continent. We all know that South Africa, legitimately so, endorsed and assisted with the establishment of the PAP. So much so that the PAP's offices are now in Gauteng - but I'm saddened to hear that they tried to build them on a sinkhole and that they might therefore sink!
The PAP now wishes to take the next step by becoming vested with legislative authority. However, there are questions that have to be asked. One of those is whether the African continent is ready and mature enough to accept a continental legislative body. My submission is predicated on the fact that not all African states have underlying democratic and constitutional dispensations. Many countries in Africa remain strife-torn and are unstable.
How would decisions taken by the PAP be enforced in such states, or in any state that is unwilling to relinquish some of its sovereignty to a continental parliament? Are there democratic governance policies in all of the countries represented in the PAP? I've been informed by the hon Kalyan, a PAP member, that the AU monitors this quite closely, so that only countries that follow democratic principles can participate as members of the PAP.
If one had looked at the European parliament, which was established in 1962, one would have found that even there the adage of "Rome was not built in a day" applied. They came together as different countries, but only after many, many years did they begin to look at legislative powers. Even when legislation is passed, there are very strict checks and balances and controls. I think it is also the case with the PAP that they need to crawl and then walk before they can run.
I think it is an ambitious goal. It is something we can look forward to in the long term - maybe when we will no longer be around, sitting here as Members of Parliament or of the PAP. However, I think it's an ideal to aspire towards - to get Africa united. Then we can enjoy economic and cultural benefits. Then the African Cultural Renaissance that we all talk about will have meaning. It would then be a meaningful thing when we talked about it.
We would say yes to legislative powers, but not now. The time will come, but we don't know when that time will be.
Hon Chairperson, hon members, the establishment of the PAP in March 2004 to discuss and take decisions on the challenges plaguing the African continent is a milestone worth celebrating. It allows the people of Africa, of all races, to solve Africa's problems the African way.
However, since its establishment, the PAP has enjoyed only consultative and advisory powers. This has led many to argue that if the status quo remains, the PAP runs the risk of becoming just another glorified talk shop. Therefore, it is time that the PAP became an institution with full legislative powers. Law-making powers are important if it is to achieve its objectives of facilitating the implementation of the policies and the objectives of the African. These objectives include promoting the principles of human rights and democracy in Africa.
More significantly, it needs legislative powers to enable it to develop a system of rules and regulations that African countries would recognise, enforceable through social institutions to govern behaviour. This is, without doubt, the most essential way in which the PAP can contribute to the bid to advance peace and stability and halt the malaise of poverty, hunger and underdevelopment in Africa.
Hon House Chairperson and esteemed Members of this House, the 36th Ordinary Session of the Organisation of African Unity, OAU, in Lome, Togo, in the year 2000, approved and adopted the Constitutive Act of the African Union, AU, and the PAP Protocol. Together these instruments make the unequivocal statement that the peoples of Africa yearn for peace, democracy and respect for human rights. They make the unequivocal statement that the peoples of Africa are determined to extricate themselves from poverty and underdevelopment.
I quote from the ANC's 2007 Polokwane Conference resolutions, when it said:
... to strengthen the legislative body of Africa, the Pan-African Parliament, and promote the harmonisation of laws in Africa.
This is done ...
... towards an African Union government, based on the current analysis of the continental and international political environment and challenges, which require a united continent of Africa, capable of engaging other powerful nations and thus being in line with the ANC vision of building a better Africa.
The ANC took this resolution because it understands that to form the united government of Africa, there must first be a strengthening of the organs of the AU. The PAP, as one of the organs of the AU, is very important in this respect as it is the voice of ordinary African people.
The 52nd ANC Conference resolutions were echoed by the then chairperson of the AU, President Joachim Chissano of Mozambique, in his inaugural speech, on 18 March 2004, as follows:
Having seen Africa grow from a continent subjugated by colonialism, apartheid and exploitation to a continent of free and independent states, I do believe that Africa not only has a future but that the future of the world hangs on this continent not to resist to relive the old prophecy, which goes as follows:
Oh Mother Africa, you are in no way small among the Nations, because your womb produced heroes who dared dream the dream of generations of Africans. From your womb were born giants who will wipe your tears away; which many a time fell on seeing your children fall in the gloomy circle of misery and suffering.
The organ that we are establishing today brings together representatives from different families or political sensitivities and ideologies. They emanate from the rich diversity and democratic processes existing in our countries.
Therefore there is great hope... pinned on the establishment of the Pan- African Parliament and on your work in particular.
Distinguished Members of Parliament, these words by President Chissano, uttered about eight years ago, put more emphasis on the importance of the PAP in Africa and raised immense expectations of the PAP.
The PAP's successful exploitation of the little space it has to its own advantage is one of the most dramatic stories of our time. Unlike national parliaments, it does not have legislative, supervisory and budgetary powers. Hon members will agree with me that it is a serious handicap for a Parliament not to have legislative powers. However, this was done with the recognition of resources needed for the PAP to have these powers. It was understood that once all necessary resources had been acquired, then the PAP would evolve into a legislative body.
This is why article 2 of the PAP Protocol of 2001 provides that:
The ultimate aim of the Pan-African Parliament shall be to evolve into an institution with full legislative powers, whose members are elected by universal adult suffrage.
The eyes of the people of our continent are focused on the work of the PAP. These masses have been interested to know whether the PAP will meet their dreams and hopes, to give birth to the humane Africa that has eluded all of us for so long. It is all about the denial of the masses' human rights and their right to determine their destiny by military rulers; the theft of their resources by corrupt elites that abuse power to prey on the poor of our continent; their condemnation to perpetual and increasing poverty because of domestic and international policies, as well as practices that result in the poor getting poorer and the rich getting richer.
These masses know the reality of civil war, genocide, the conflicts that brought untold suffering to the innocent, the economic decay, the social disintegration and the cultural alienation that have defined the lives of many Africans. The African masses know what others have done, imposing on them the curse of poverty, hunger, famine, disease and underdevelopment.
Since 2004, the PAP has done a lot to realise this vision and its stated objectives. Among others, the PAP has deployed election observer missions and fact-finding missions in countries such as Tunisia, Darfur, the Democratic Republic of Congo, and other countries. However, the PAP has its own existing challenges, and they need to be successfully addressed.
These challenges include the lack of oversight function versus the advisory role; the lack of binding powers; poor relations between the PAP and other AU organs; PAP members' dual membership; the lack of resources to support committee activities; the lack of research capacity; the high level of absenteeism during sessions; and the promotion and popularisation of the PAP, to which the hon Kalyan alluded.
One critical function of an effective parliament is its capacity to exercise its oversight role, so that it can hold leaders to account and ensure transparency in governance. The PAP does not have oversight on budget control. Article 11 (2) of the PAP Protocol provides that the PAP must:
Discuss its budget and that of the Community, the AU, and make recommendations thereon.
Budget control remains the exclusive domain of the Assembly of Heads of State and Government, which constitutes the executive of the AU.
The fact that the AU Assembly is in total control of the AU budget, including the budget of the PAP, limits the PAP's freedom to prepare its independent work plans and further prevents it from undertaking critical assignments and oversight functions. This marginalises the PAP and prevents it from holding the executive accountable, because it is dependent on the AU executive for financial support or resources to conduct work. The lack of control over its own budget, as well as budgetary oversight of the AU, further demonstrates the limits to the effectiveness and efficiency of the