05 April 2023

First Term Review of Parliament 2023

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The first term was an action-packed and eventful period. The major highlights during the ten weeks of parliamentary activity include SONA and the subsequent debates; delivery of the Budget Speech and its processing; oversight, legislative and committee work, a motion of no confidence in the Speaker and urgent debates on matters of national public importance.

Here is a rundown of the highlights:

SONA and Budget

President Ramaphosa delivered his SONA on Thursday, 9 February 2023, where he set out the government’s key objectives and immediate priorities such as resolving the electricity crisis, reducing unemployment, and rooting out corruption and crime. He also announced a number of legislative proposals for 2023. 

For the second consecutive year, the address took place at the Cape Town City Hall due to ongoing repairs of the National Assembly Chamber. The start of the speech was marred by heckling and skirmishes, and it was delayed as the EFF was forcefully removed and the ATM’s leader was ordered out of House.

The subsequent debates were typically robust, with the President facing some tough questions from the opposition benches in Parliament.

Almost a fortnight after the President’s SONA, Finance Minister Enoch Godongwana delivered the Budget Speech. The reaction was mixed, with many praising the energy support packages as well as relief in terms of personal income tax. Social groups also welcomed the increases to social grants, as well as the extension of the Social Relief of Distress grant and the government’s plans to find an alternative to this grant when it comes to an end. Others lamented that the budget “ignored the country's mounting debt problem, and offered no solution to revitalise State-owned enterprises or address the energy crisis.”

The budget presented by the Minister is not the final budget but a proposal that Parliament is currently scrutinising and must approve over the next few months.

Cabinet Reshuffle

After months of speculation, President Ramaphosa finally announced his reconfigured Cabinet on 6 March, which included the introduction of two new ministries and the appointment of Mr Paul Mashatile as Deputy President. 

The reshuffle saw further expansions in the Presidency by not only the appointment of a Minister of Electricity but also a Minister who will be responsible for planning, monitoring and evaluation. This move reignited calls, particularly from opposition benches, for Parliament to establish a committee to oversee the Presidency. [Will Parliament Create a Committee to Oversee the Presidency?]

The reshuffle also resulted in changes in the national legislature with several resignations and replacements being sworn in.

Committees and ministerial attendance

There was newsworthy action in the committee corridor with 263 meetings held this term, 86% of them in the National Assembly.

Notably, April marks three years since Parliament amended its Rules to allow for virtual proceedings and held its first virtual committee meeting on 10 April 2020. Since last year, there have been mounting calls - mostly from the opposition - for in-person meetings to resume. Although a handful of committee meetings have been held in the parliamentary precinct this term, all committees cannot sit physically due to a shortage of venues.

The Standing Committee on Public Accounts (SCOPA) met nine times and the focus has been on irregular expenditures, follow-ups on investigations and poor performance at various entities. The Committee agreed to conduct an oversight inquiry into allegations of financial impropriety and the misuse of public funds at Eskom. 

The Portfolio Committee on Communications and Digital Technologies is still dealing with processes relating to the filling of vacancies on the SABC Board. The public broadcaster has been without a board since October 2022 when the previous board’s five-year tenure expired. President Ramaphosa wrote to the Speaker requesting more information on the names submitted to him to consider for appointment to the Board of the SABC. The Committee concluded its appointment processes in 2022 and the National Assembly adopted its recommendations. However, the President had misgivings about the NA resolution’s content and referred it back to the Committee for clarification. In its last meeting on 14 March, the Committee decided to wait for a further legal opinion before it comes up with a new resolution.

The Constitutional Review Committee met thrice this term to discuss various proposed constitutional amendments, including the establishment of a single human rights body, the development of Khoi and San languages, and the establishment of a separate institution to fight corruption. 

Follow parliamentary committees here.

On ministerial attendance, Ministers and their deputies made 128 appearances before committees this term. Ministers Barbara Creecy (6) and Thoko Didiza (4) achieved the best attendance record. 

Legislation

On the legislative front, seven bills were introduced during this period. Apart from the budget bills; the Constitution 18th Amendment Bill proposes SA Sign Language as an official language to promote the rights of persons who are deaf and hard of hearing. One Private Member Bill, the Prevention of Illegal Eviction from and Unlawful Occupation of Land Amendment Bill was also introduced by a DA MP. 

Two Bills were passed by Parliament, namely the Electoral Amendment Bill and the Second Adjustments Appropriation Bill. In this period, ten bills were signed and assented to by the President (the total includes nine assented to in early January before Parliament officially opened for the year).

                                    [Parliament Preview 2023: Legislation]

The Portfolio Committee on Health was set to finalise the National Health Insurance Bill this term. However, two days before Parliament wrapped up its work for the quarter, the Committee agreed to give opposition parties more time to get legal opinions after the FF+ and DA wrote to the House Chairperson. They argued that a postponement was valid because the NHI Bill is an important piece of legislation and the documents received from the Parliamentary Legal Advisor and State Law Advisor were conflicting so it was not unreasonable to request more time to do justice to those documents. From the outset, this Bill has sparked a lot of interest, controversy and threats of legal action. If the NA passes the Bill, its long journey continues in the NCOP as it will undergo additional scrutiny in the nine provinces as a Section 76 Bill. [NHI: Tracking the Bill through Parliament]

Throughout the term, four committees crisscrossed the country holding provincial public hearings on the following bills: Climate Change Bill; Railway Safety Bill; Upstream Petroleum Resources Development Bill; and Basic Education Laws Amendment Bill.

Ministerial Briefing Sessions and Plenary Sessions 

Ministerial Briefing Sessions are now a regular feature of the NCOP’s programme. They serve as a platform for the Executive and provinces to discuss and highlight national and provincial perspectives on issues. This term, there was a focus on the provision of healthcare services. 

Both Houses arranged several newsworthy debates and sittings:

-    Subject for discussion (Mr S Swart, ACDP): The implications of the declaration of a national state of disaster and the planned appointment of the Minister of Electricity as responses to the current energy crisis. NA (02 March)

-    Draft Resolution (Mr J Malema, EFF): Removal of the Speaker from office in terms of Section 52(4) of the Constitution and National Assembly Rule 28. NA (22 March)

-     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)

-    Decision of Question on Draft Resolution (The Leader of the Opposition) on Establishment of an ad hoc committee in terms of Rule 253 to inquire into the full extent of the alleged widespread corruption and unabated operations of criminal networks and cartels at Eskom. NA (23 March)

The Executive is accountable collectively and individually to Parliament. As per the rules, the President, Deputy President and Ministers appeared in the main chambers to answer oral questions from MPs.

Public Protector Matter

The Committee on Section 194 Inquiry was characteristically action-packed throughout the term, having met 22 times over the period under review. The Committee resolved to continue with its work over the constituency period despite recent concerns raised about the funding of Public Protector Mkhwebane’s legal team. The Committee was established on 16 March 2021 to conduct a constitutional inquiry into Adv Mkhwebane’s fitness to hold office and is now expected to conclude its work towards the end of May 2023. Her seven-year term comes to an end in October 2023.

Petitions 

One petition was submitted to Parliament this term.

The Portfolio Committee on Police adopted a report on 8 March on two petitions namely: a petition from residents of Leondale, Ekurhuleni in Gauteng calling on Parliament to investigate the provision of a police station or satellite police station to combat the high crime rate in their area; and from Operation Dudula (Western Cape). Two other petitions are currently being processed by portfolio committees.  

Restoration of Parliament

Early March, the Secretary to Parliament provided an update on the restoration of Parliament buildings that were destroyed by last year’s fire incident. A cost of R2 billion has been estimated for the restoration project over the next two financial years “The rubble and debris removal will start on 29 May 2023 and should be completed by 11 July 2023. The offices project will start on 19 May 2023. The restoration of the old and new assembly will begin on 4 December 2023 and will be completed by 10 September 2025. The parliamentary precinct master plan should be completed by 13 December 2023.”

 

Some of the key numbers and activities are unpacked on the infographic below:

 

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People's Assembly

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