Following the August 5 cabinet reshuffle by President Ramaphosa, which saw National Assembly (NA) Speaker Thandi Modise being appointed Defence Minister, the House is set to elect a new Speaker today.

 

On August 10, the ANC caucus in Parliament announced Ms Nosiviwe Mapisa-Nqakula as its preferred candidate for the position.

 

Election of Speaker

Section 52 of the Constitution sets outs the procedure to be followed by the National Assembly in electing the Speaker.

 

The Speaker is elected by the House from among its members as the first item of business at its first sitting following an election, or when necessary to fill a vacancy, and continues in office until the next election unless he or she resigns, is voted out of office or ceases to be a Member.

 

The election takes place via a secret ballot if it is contested and is presided over by the Chief Justice or another judge designated to do so.

 

Functions of Speaker

In discharging his/her mandate, the Speaker is guided by the Constitution, Rules of the NA, as well as, the Power, Privileges, and Immunities of Parliament and Provincial Legislatures Act in regulating conduct, and freedom of speech and debate in the NA.

 

The role of the Speaker is multi-faceted. The responsibilities include constitutional, statutory (in terms of the law), procedural and administrative powers and functions.

 

The Speaker is an enabler of debate and protector of the rights of the public and the public representatives to hold the executive to account.

 

As the leader of the NA, the Speaker: presides over debates; has final authority in enforcing and interpreting the Rules of the NA (Rules); decides on matters of order; delivers rulings; maintains order and the quorum; and represents the NA in matters before courts.

 

When a situation arises that is not covered by the Rules, the Speaker may in terms of Rule 2 (1) of the NA, and based on applicable precedents, give a ruling or frame a Rule in respect of any eventuality for which these Rules do not provide. The functions of the Speaker are to be carried out with a view of doing what is fair for all Members of the NA and to elevate the NA as an institution.

 

Beyond the aforementioned, the Speaker has a number of traditional, ceremonial and diplomatic duties. The Speaker represents the NA at official functions and will often host government and parliamentary delegations.

 

Speaker as Acting President

The Constitution S90 (1)(d) of the Constitution provides that in the event of the unavailability of the President the Speaker of the NA must act as the President until the House designates one of its other members. The presidential vacancy should be filled first by the deputy president, then cabinet minister selected by the president, then a cabinet minister selected by the cabinet, and finally by the Speaker of the National Assembly.

 

Political Impartiality of Speaker

The Speaker plays an essential role in ensuring we have a robust and vibrant democracy. Balancing the right of the majority to conduct business with the right of the minority to be heard is one of the Speaker's most difficult tasks. He/she is expected to ensure impartiality and fairness to all political parties.

 

The Speaker requires a broad range of skills and personal qualities to successfully fulfil all the duties of the position. A Speaker needs to be sympathetic, firm, fair, knowledgeable, fearless, have integrity and be honest at all times, with the ability to remain above the fray and be convivial when the need arises.

 

Rules of Election

Rules for the election of President of the Republic of South Africa; Speaker and Deputy Speaker of the National Assembly; Chairperson and Deputy Chairpersons of the National Council of Provinces; Premier of a Province; and Speaker and Deputy Speaker of a Provincial Legislature.

Sources: www.parliament.gov.za and https://hsf.org.za/publications/hsf-briefs/the-speaker2019s-role-in-the-south-african-parliament