QOUTE
NATIONAL ASSEMBLY
FOR WRITTEN REPLY
QUESTION NO: 1413
PUBLISHED IN INTERNAL QUESTION PAPER NO 18 OF 25 SEPTEMBER 2009
1413. Mr S Mokgalapa (DA) to ask the Minister of International Relations
and Cooperation:
(1) Why South Africa has not ratified the African Charter on
Democracy, Elections and Governance?
(2) Whether South Africa intends ratifying, if not, why not? If so;
(a) When?
(b) What steps will be taken to ensure that the provisions are
implemented?
REPLY:
1) Why South Africa has not ratified the African Charter on
Democracy, Elections and Governance?
Following the adoption of the African Charter on Democracy,
Election and Governance by the Eighth Ordinary Session of the
Assembly on 30 January 2007 in Addis Ababa, Ethiopia, Member States
of the African Union had to wait for the Charter to be opened for
signature and ratification by the African Union Commission which
happened much later. In the meantime, the Ministry of International
Relations and Cooperation mandated its Office of the Chief State
Law Adviser [IL] to look into the Charterâs compliance with South
Africaâs international obligations while the Ministry of Justice
and Constitutional Development provided a legal opinion on the
Charterâs compliance with South Africaâs domestic law.
Having obtained legal advice from the Office of the Chief State Law
Adviser [IL] and Justice and Constitutional Development, the
Ministry of International Relations and Cooperation prepared and
submitted a Cabinet Memorandum which was endorsed by Cabinet on 14
May 2009. As this Charter is an international agreement falling
within section 231(2) of the Constitution of the Republic of South
Africa, 1996, Parliamentary approval is required in order for it to
enter into force. As soon as ratification has been confirmed, the
Department of International Relations and Cooperation will prepare
the Presidential Minute and Explanatory Memorandum for the
Presidentâs consideration.
2) Whether South Africa intends ratifying, if not, why not? If so;
a) When?
Yes, as soon as national procedures for ratification of
international agreements are complied with as outlined in (B)
above, an instrument of ratification will be deposited with the
African Union Commission. Currently, only two AU Member States have
ratified the instrument namely, Ethiopia and Mauritania. The
Charter will come into force after fifteen Member States have
ratified the instrument.
b) What steps will be taken to ensure that the provisions are
implemented?
Following the ratification or accession to any international
instrument, the provisions of the instrument are domesticated and
become part of national laws to facilitate implementation.
UNQOUTE