It’s been another eventful parliamentary year.

It’s impossible to summarise all the main highlights but we have tried to do so in this review:

Cabinet reshuffle

After months of speculation, President Ramaphosa announced his reconfigured Cabinet on 6 March, which included the introduction of two new ministries (Electricity, and Planning, Monitoring and Evaluation) and the appointment of Mr Paul Mashatile as Deputy President. The reshuffle included the appointment of 10 new ministers and 11 deputy ministers. The reshuffle also resulted in changes in Parliament with several resignations and replacements.

Motion of No Confidence 

A motion of no confidence in NA Speaker Nosiviwe Mapisa-Nqakula failed on 22 March, with 234 members voting against the motion, 42 in favour and 73 abstaining. The EFF brought the motion after they were removed during SONA. The EFF accused the Speaker of acting irresponsibly and unconstitutionally when she ordered the removal of some EFF MPs from the House.

Committees 

MPs spend the majority of their time in committees, even though the public is mostly focused on the main chambers. The substantive work- lawmaking, oversight, and budgetary allocation- occurs in committees.

1 284 committee meetings were held this year.

The Standing Committee on Public Accounts (SCOPA) met 47 times throughout the year and foremost on its agenda was the investigation into allegations of financial impropriety and the misuse of public funds at Eskom, Denel, SAA and other entities. Following an explosive eNCA interview in March in which former Eskom CEO Andre de Ruyter made corruption allegations against ANC politicians and members of the Executive, SCOPA invited de Ruyter to brief the committee on 26 April.

The Portfolio Committee on Justice and Correctional Services had a lot on its plate outside of its legislative commitments, including the processing of the reports of the Judicial Service Commission (JSC) which found the suspended Western Cape Judge President John Hlophe and retired Judge Nkola Motata guilty of gross misconduct. The Committee resolved to recommend that the NA remove the two judges in late November. Its recommendation has to be supported by two-thirds (267) of the 400 MPs to take effect. The NA deferred the voting on this matter to January next year due to Parliament’s tight schedule and lack of a suitable venue.

The busiest committees in the NA were the Portfolio Committee on Justice and Correctional Services (67 meetings), followed by the Standing Committee on Finance (54 meetings). Meanwhile, the busiest committees in the NCOP were the Select Committee on Security and Justice (27 meetings), followed by the Select Committee on Trade & Industry, Economic Development, Small Business, Tourism, Employment & Labour (23 meetings).

Following the devastating floods in the Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, and the North West in February 2023, and the consequent declaration of a national state of disaster on 13 February, Parliament established an Ad Hoc Joint Committee on Flood Disaster Relief and Recovery. The Committee made important findings and recommendations on the state of disaster readiness. You can find the Committee’s report here.

Ministers and their deputies attended approximately 607 (47%) committee meetings. This was a slight improvement from 2022 when they attended 606 (44%) meetings.

Legislation

Parliament considered and passed consequential and weighty legislation this year. Also, given that the Sixth Parliament is at its tail-end, there was visible pressure to process and rush through Bills currently in the legislative pipeline. Bills that are not timely dealt with, lapse and need to be revived in the following administration.

Notably, the failure of the Executive to submit bills on time for processing by Parliament repeatedly came up during committee meetings. Members lamented the perennial delays in bringing far-reaching bills to Parliament with Constitutional Court deadlines looming.

There are currently 58 Bills before Parliament (43 bills were introduced in 2023), 35 with the NA and 23 with the NCOP. These will resume their path to becoming law in the New Year. Some consequential ones include the Climate Change Bill, Expropriation Bill and the Electoral Matters Amendment Bill. 

For the first time since 2012, Parliament amended the Constitution.  The Sign Language Bill was introduced to Parliament in January, aimed at giving people who are deaf or hearing impaired, equal protection before the law. The unanimous adoption of this constitutional amendment on May 2 brought to 12 the number of official languages in South Africa, once the President signed the Bill into law a month later. 

The Portfolio Committee on Health crisscrossed the country and covered five provinces holding hearings on the Tobacco Products and Electronic Delivery Systems Control Bill. The Committee is yet to visit four coastal provinces and the unconfirmed programme is that in January, the hearings will be held in the Eastern Cape, and KwaZulu Natal then conclude with the Northern Cape and Western Cape in February-March 2024. This remains a tentative programme pending approval.

The drafting process for new public procurement legislation was long and winding. The Public Procurement Bill was finally tabled in Parliament in June 2023. The Bill seeks to create a unified procurement framework across state entities, which must be used to formulate their procurement policy. It creates a Public Procurement Office in the Treasury, sets transparency standards, and provides preferential procurement to promote transformation. Despite some concerns by anti-corruption organisations that the Bill's attempt at transparency did not go far enough, it was passed by the NA on 06 December and transmitted to the NCOP for concurrence. 

The National Health Insurance (NHI) Bill, introduced in August 2019– just a few months after Members started their term of office, was eventually passed in December 2023– a few months before their term of office ends. The Portfolio Committee on Health received approximately 338 891 written submissions from the public, and 114 stakeholders participated in the virtual public hearings. “This is indeed a very historic day and a very historic achievement,” Health Minister Joe Phaahla told the NCOP upon the passing of the Bill. However, various groupings have deplored its passing without modifications, saying it sets the stage for a court challenge on the grounds that it erodes the constitutional rights of both patients and healthcare professionals — and that input from interested groups was not given adequate consideration. [NHI: Tracking the Bill through Parliament]

The Basic Education Laws Amendment Bill was another piece of legislation that received widespread interest, participation and criticism. On 26 October, the Bill was passed by the NA and transmitted to the NCOP for concurrence. Some of the proposals that were adopted in the Bill include making Grade R the new compulsory school-starting age, penalties for parents who do not ensure that their children are in school, and confirmation that corporal punishment is no longer allowed at schools - with penalties for those found guilty of such offences.[Tracking the Basic Education Laws Amendment Bill in Parliament]

The General Intelligence Laws Amendment Bill was introduced on 17 November. The Bill has been criticised as it requires the state security services to vet any person who seeks to establish a non-governmental organisation, church, or religious institution. It is currently being processed by the Ad Hoc Committee on General Intelligence Laws Amendment Bill. 

The Electoral Amendment Bill which will allow independent candidates to stand in the 2024 provincial and national elections was passed by Parliament on 22 February. President Ramaphosa then signed the Bill into law two months down the line. This, to many, was seen as a significant milestone in the evolution of South Africa’s democracy, which expands electoral participation and widens the pool of leadership choices for national and provincial elections.

On 4 December, the Constitutional Court passed judgments on cases brought forward by One South Africa Movement (OSA) and the Independent Candidates Association of South Africa (ICA) relating to the Electoral Amendment Act.

OSA’s application challenged the 15% signature requirement for independent candidates and new political parties to contest the general elections next year. In a majority judgement penned by Justice Jody Kollapen, the court upheld that the requirement was unconstitutional as it unjustifiably limited the rights to freedom of association, freedom to make political choices and to stand for public office. Kollapen struck the 15% signature requirement from the Electoral Amendment Act and ordered an interim reading in that independent candidates are only required. Justice Kollapen added, “The declaration of invalidity referred to is suspended for 24 months from the date of this order to allow Parliament to remedy the constitutional defects giving rise to the constitutional invalidity.”

ICA challenged the 200/200 split in seats allocated in the NA. Writing for the court, Justice Nonkosi Mhlantla said the 200/200 split passed constitutional muster because it was grounded in proportional representation and would have little risk of “overhang” (where there were more elected officials than seats in the NA).

Related to the above, the Electoral Matters Amendment Bill was introduced on 7 December to ensure that provision is made for independent candidates across all legislation dealing with or affected by elections to the national and provincial legislatures. Controversially, the proposed law also seeks to give the President the power to set the regulations that limit how much money parties and independents can receive in donations and the threshold for what donations they must declare.

In a pre-election year, the rise in Private Members’ Bills is unsurprising. Seven Private Members’ Bills were introduced this year, all of them by DA MPs. These are currently being considered by committees. Of interest, the EFF withdrew its proposed Bill calling for the relocation of Parliament from Cape Town to Tshwane. 

Fourth Term Review             Third Term Review          Second Term Review             First Term Review
 

 

Oral and Written Questions

The President is required to appear at least once a quarter in the NA to respond to oral questions. For the year, President Ramaphosa answered oral questions in the NA on four occasions. He also appeared twice in the NCOP where he is required to answer oral questions at least once every six months.

Deputy President Mashatile answered oral questions on four occasions in both Houses respectively. He also delivered his annual address to NCOP delegates on 5 December.

In the NA, of the 4 227 written questions MPs asked the Executive, the DA asked 47% of the total, the EFF 27%, the IFP 16%, the FF+ 4% and the ANC 3%. (up to 11 December)

In the NCOP, MPs submitted 864 questions, the bulk of them from the DA (48%) and the EFF (40%). 

Interesting and enlightening information is revealed through these replies from the Executive.

Zondo Commission

22 June marked a year since Chief Justice Zondo delivered the final Report of the State Capture Commission. On the eve of the first anniversary of the handover of the final volumes of his report to President Ramaphosa, we published a PMG Review of Parliament’s Processing of the State Capture Commission Report. This review was a follow-up of our 2022 report to explain what Parliament has done since Chief Justice Zondo released his findings and recommendations.

Parliament began formally and substantially processing the Zondo Commission Report in November last year when the NA Rules Committee convened and adopted a 31-page Implementation Plan to deal with the Commission’s recommendations. Since then there have been ongoing and regular developments which PMG keeps track of: [Tracking the Implementation of the State Capture Commission Recommendations]

One of the significant recommendations concerned the establishment of a committee to oversee the Presidency. An NA Rules Committee delegation undertook a study tour to the UK's parliament in July to "gain valuable insights" on how the Executive in that country is held accountable, as a statement from Parliament put it. From what we know, there has been no movement on this. The report is yet to be processed, adopted and published.

Notably, Parliament received criticism from Chief Justice Zondo for its lack of action in dealing with state capture and for failing to protect the country from corruption. Chief Justice Zondo remarked that if state capture were to re-occur, Parliament would not be able to stop it. However, the legislative body dismissed his criticism, saying it was inappropriate for him to engage in public attacks on the legislative arm of the state. Parliament then requested an urgent meeting with the Chief Justice over his remarks. Following their 28 June meeting, Parliament put out a statement saying the meeting was “cordial” and Parliament’s presiding officers agreed with Chief Justice Zondo on their willingness to cooperate and “uphold institutions that underpin our society”

Hot on the heels of the criticism and subsequent meeting, Speaker Mapisa-Nqakula presented a progress report on Parliament's implementation of the State Capture Commission's recommendations. You can find it here.  

In October, the Joint Committee on Ethics and Members' Interests concluded its investigations into allegations relating to four MPs, including one Cabinet minister, accused of having benefited from corrupt dealings highlighted by the State Capture Commission. They were cleared of wrongdoing as they were found not to have breached the Code of Ethical Conduct.

Public Protector Removal and Appointment 

The NA considered the recommendation for the removal of Adv Busisiwe Mkhwebane from the office of Public Protector in terms of section 194(1)(c) of the Constitution on 11 September. With 318 votes, the NA supported the Committee on Section 194 Enquiry’s recommendation that Adv Mkhwebane be removed from office. This was the first time that Parliament considered the removal of a Chapter 9 institution office-bearer. A month later, the former Public Protector joined the EFF and was sworn in as an MP on 20 October.

On 19 October, Public Protector Kholeka Gcaleka narrowly secured the NA’s recommendation as Public Protector in the absence of the DA and EFF, which opposed her nomination. 244 votes were cast in Adv Gcaleka’s favour, with the ANC supported by the IFP and several smaller parties to achieve the 60% threshold.

Appointments and Institutional Matters 

Following due process, Parliament filled vacancies at the Electoral Commission and the South African Human Rights Commission. Also, processes of finding suitable candidates to fill vacancies at the Independent Communications Authority of South Africa, the Media  Development and Diversity Agency, the Commission For Gender Equality, and the Electoral Reform Consultation Panel are underway.

Internally, two significant appointments were made by Parliament. First, chartered accountant Jason O’Hara was appointed to the position of CFO after five years without a permanent CFO. Parliament’s last permanent CFO left in 2018. Second was the appointment of General Samson Shitlabane as Parliament’s new Chief of Security after almost eight years without one. Security issues within Parliament have gained traction following the fire incident which occurred in January last year.

In September, the NA adopted a new Rule on political party funding. New Rule 288A reads: “The Assembly must, in accordance with Section 57 of the Constitution, 1996, provide for financial and administrative assistance to each party represented in the Assembly in proportion to its representation, to enable the party and its leader, to perform their functions in the Assembly effectively and may review that policy whenever required.”

In the same month, the NA Rules Committee referred three matters to its Subcommittee for consideration, namely: 

• Establishment of guidelines on how Executive Undertakings and commitments should be monitored.

• Development of guidelines for petitions to ensure that this public participation mechanism is widely used. 

• Rule amendments in respect of the Money Bills Amendment Procedure and Related Matters Act, as clarity is needed on certain aspects especially as it relates to consultations between committees where a particular committee is of the view that a budget should be amended and the need for that committee to confer with another committee.

Public participation processes in Parliament came under the spotlight again this year on multiple occasions. Public participation is a central mandate of Parliament, therefore, steps must be taken to improve the implementation of activities. 

In May, the Constitutional Court, in a unanimous judgement, found that Parliament failed to ensure public participation before passing the Traditional and Khoi-San Leadership Act, says the Constitutional Court. The apex court gave Parliament 24 months to re-enact the legislation or to start again and underscored that public participation processes must give the public a meaningful opportunity to influence Parliament, and Parliament must take into account the public’s views.

Also, during the presentation of Parliament’s 2023/24 mid-year performance report in November, the Secretary to Parliament highlighted that Parliament’s service indicator on public participation was lagging in performance and required immediate intervention.  He also added that Parliament remained unsatisfied because of the low reach to community radio stations and social media sites. “We wish to energise South Africans on what was happening in Parliament. We would work on improving public participation and working with the SABC,” he said. Members suggested the administration needed to be innovative in devising ways to equip the public with sufficient knowledge to participate fully in the country’s democratic processes.

It is worthwhile to note that Parliament has continuously faced significant budget shortfalls, which have direct implications for the performance of its constitutional obligations. In presenting Parliament’s draft 2024/25 annual performance plan, the Secretary to Parliament, Mr Xolile George, remarked that his office has been wrestling with the implications of the R240 million budget cut and was asked to dip into its dwindling reserves.

Disciplinary Matters

The Sunday Times revealed that despite the position of the Secretary to Parliament being priced at a specified maximum, the incumbent, Mr Xolile George, earns almost double that. The DA referred the matter to the Powers and Privileges Committee saying that NA Speaker Mapisa-Nqakula and NCOP Chairperson Masondo allegedly misled Parliament over the salary of the Secretary to Parliament.

In early October, NA House Committee Chairperson for committees Cedric Frolick cracked the whip on MPs who do not show up for oversight visits, study tours and public hearings. In a letter, Mr Frolick ordered that all MPs who fail to attend to their outside parliamentary duties should reimburse the institution for money lost due to the cancellation of their travel and accommodation. He also said the last-minute cancellation of overseas study tours put pressure on support staff for the use of the contingency funds for items that are not supposed to be paid for from the fund. This amounts to fruitless and wasteful expenditure. According to Parliament's 2022/23 annual report, a total of 21 542 flight tickets were booked, and R258,000 was spent on subsistence and travel allowance prepayments.

At the end of November, Parliament took action against three MPs for breaching the Members’ code of ethics. Ms D Peters (ANC) was found to have breached the code in three instances related to her tenure as Transport Minister, while Mr F Shivambu (EFF) failed to declare financial benefits stemming from the VBS Mutual Bank saga. The NA resolved that Peters be banned from debates and sittings for a single term of the parliamentary year and that nine days of Shivambu’s salary be docked. Meanwhile, Minister of Police Bheki Cele was expected to make a public apology to Action Society's Ian Cameron for an unbecoming outburst directed at him during a public meeting in Cape Town. However, Minister Cele responded that Parliament's sanction for him to apologise was "laughable", adding that he would take the decision on review.

The Powers and Privileges Committee has been unusually busier since the end of September. The Committee is holding ongoing hearings, even beyond the parliamentary year, as it seeks to conclude its work.

On 6 December, the NA gave its approval for EFF leader Julius Malema and five other EFF MPs to be suspended for one month without pay. They were found guilty of contempt of Parliament by the Powers and Privileges Committee after they stormed the stage during President Ramaphosa's SONA in February. The Committee report also recommended that the six MPs apologise to the President and the House. The suspension from 1 February until 29 February 2024 means the six EFF MPs will not be able to attend the SONA next year.

Plenary sessions 

There were 90 plenary days on Parliament’s calendar this year.

In keeping with one of its important functions of serving as a forum for national discourse, Parliament arranged several debates all year long. A few were regular features on the schedule to commemorate certain days such as Women's Day, Youth Day, Africa Day, and 16 Days of Activism Against Gender-Based Violence.

There were also scheduled debates on important national issues:

• Draft Resolution (The Chief Whip of the Opposition): Establishment of an ad hoc committee to conduct an inquiry into matters surrounding the Phala Phala game farm theft with specific reference to the involvement and response of the various government departments and agencies in the alleged cover-up of the crime. (NA- 22 March)

• Debate on Urgent Matter of National Public Importance (Mr B Herron; GOOD): Failure of the Government to extradite persons implicated in corruption, as demonstrated by the recent case in the United Arab Emirates (UAE) and the consequences thereof (NA- 13 June)

• Subject for discussion (Mr V Zungula): The impact of an unregulated informal sector that gives rise to the circulation of counterfeit products, illicit cash flows, and other security vulnerabilities in the country. (NA- 14 September)

Towards the end of November, MPs voted in favour of closing the Israeli embassy in SA, paving the way for the cutting of diplomatic ties between the two countries until Israel agrees to a ceasefire and commits to binding, UN-facilitated negotiations.

The EFF motion was passed with the support of 248 votes to 91 with no abstentions. It is worthwhile to note that when the NA adopted this motion, it became a resolution of the House. Resolutions adopted by Parliament are generally not binding on the government and this is rooted in the doctrine of the separation of powers. Parliament, as the legislative branch, may express its views through resolutions, but it cannot dictate Executive decisions. Although resolutions may not be binding, they should not be ignored by the government without reasonable justification. Ignoring a resolution without justification can lead to serious concerns about accountability and transparency in government actions. Parliament's role includes overseeing the executive branch, and resolutions are one of the tools used for this purpose.

Restoration of Parliament and Physical Sittings 

Due to ongoing repairs of the National Assembly (NA) Chamber following the devastating January 2022 fire, the State of the Nation Address (SONA), the Budget Speech and other major plenary sittings had to take place outside the parliamentary precinct – the Cape Town City Hall – for the second consecutive year. The Cape of Good Hope building was also used for some sittings, with some MPs attending virtually.

As a result, we had another year of a virtual and hybrid Parliament.

During the last NA Programme Committee meeting for the year, NA Speaker Nosiviwe Mapisa-Nqakula gave a directive to parliamentary staff to find a venue to be used temporarily for the physical sitting of Parliament until the chamber gutted by fire is restored. This came after a continual push by the EFF for physical sittings of the House rather than the hybrid sessions and the occasional hiring of the Cape Town City Hall. The Speaker told the meeting that she was giving parliamentary staff up to the end of the financial year, March 2024, to do so. “From April 1 we should operate in a physical form. We need to find a venue, it does not matter where we find it,” Mapisa-Nqakula said. 

Also, MPs may soon return to their parliamentary offices in 2024, but this time they will enter brand-new offices that have been renovated with hybrid boardrooms and corporate-style finishes to give them a "corporate look." This development was announced by project managers overseeing the repair work on the destroyed offices and structures when they gave a briefing to the Joint Standing Committee on Financial Management of Parliament on 22 September.

Turnover

There were new faces in Parliament following 26 resignations and redeployments (11 ANC; 10 EFF; 5 DA). Four MPs lost their membership. Regrettably, Parliament also mourned the passing of the Chairperson of the Portfolio Committee on Police, Ms Tina Joemat-Petterson and one of the longest-serving MPs, Prince Mangosuthu Buthelezi. 

The year got off to a sombre start following the passing of the founding Speaker in the democratic Parliament, Dr Frene Ginwala on 12 January.

2024 

Looking to next year, Parliament has released the 2024 Parliamentary Programme Framework. SONA and Budget 2024 will be delivered on 8 and 21 February respectively. There will be a special sitting on the removal of the judges early in the year. Inevitably, the 2024 National and Provincial Elections will have an impact on the parliamentary calendar as the legislature ties loose ends and rushes to finalise urgent business.

The elections are scheduled to take place between May and August 2024. The President is expected to announce the date in early 2024.

• The Parliamentary Monitoring Group reached a milestone in 2023. We celebrated 25 years of our website. Read more about our journey:  https://pmg25.pmg.org.za/

 

Past Reviews of Parliament

Review of Parliament 2022

Review of Parliament 2021 

Review of Parliament 2020

Review of Parliament 2019

Review of Parliament 2018

Review of Parliament 2017

Review of Parliament 2016

Review of Parliament 2015

Review of Parliament 2014