30 September 2024

Second Term Review of Parliament (20 August - 20 September 2024)

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We’ve reached just over 100 days since the Seventh Parliament was established. This is a milestone for this historic Parliament with no outright majority. The second term of the Seventh Parliament only ran for five weeks but was packed with a number of highlights as the new MPs still find their feet. The events included Executive oversight, important debates, NCOP provincial week and a flurry of committee activity. In addition, the legislature scheduled induction workshops, training, capacity and strategic planning sessions.

We rundown some of the highlights from the term.

 

Committees

A lot of work was done in the committee corridor during this relatively short term. 227 meetings were held, with the bulk of them on the National Assembly (NA) side.

Some committees held strategic planning workshops to develop their goals and objectives for the Seventh Parliament. These include interventions, enquiries, priority outcomes, legacy issues to take forward, and how they can enhance their work approach and systems.

Many committees held meetings to review legacy issues from the Sixth Parliament and introductory briefings with the departments and entities they would be overseeing. The Auditor-General of SA was a regular presence as it briefed Members on the audit outcomes of the various government portfolios, the nature of its work and support to committees. Once these introductions were done, committees got stuck into business receiving briefings on government quarterly performance, legislation and other matters. Some interesting items committees have met on include: unclaimed bodies in state mortuaries, the state of medico-legal claims, an update on the NPA’s prosecution of TRC-era cases and NERSA’s proposed electricity tariff increases for the 2024/25 financial year.

The broadcasting of committee meetings was a significant issue raised in the National Assembly Programme Committee (NAPC) as well as other parliamentary forums. MPs from multiple parties expressed concern that not all committee meetings were live-streamed to the public to ensure transparency and accountability.  The lack of broadcast access to parliament's committees has also been a major issue in the media, with media houses considering legal action. We can expect a slight improvement in the next term as two additional meeting rooms will be equipped with broadcasting facilities, according to the Secretary to the National Assembly. Parliament confirmed that there are limited broadcast facilities in the 21 venues used for meetings, with some being outside Parliament’s precinct due to the fire in 2022.

Access to interpreting services in South Africa’s official languages was another issue discussed in the NAPC this term, with various reports and presentations on Parliament’s translating capacity and needs tabled.  The Secretary to the National Assembly reported that with an average of 18 concurrent committee meetings being held in a day, parliament would require 396 interpreters for simultaneous interpreting in all official languages, when it currently has 27. While for house sittings, 44 interpreters would be required.  The secretary confirmed they are increasing capacity, and considering artificial intelligence options.

In term 1, the Joint Rules Committee established the following joint committees: Constitutional Review, Defence, Intelligence, Ethics and Members' Interest and the Financial Management of Parliament Committee. However, the membership for these structures have not been announced and they have not met as yet. A recent Sunday Times article reported that the joint committees had not yet finalised their structures and membership and met due to disagreements between the DA and ANC over who will chair these crucial oversight committees.

Lastly, in an effort to improve the effectiveness of the Standing Committee on Public Accounts (SCOPA) oversight visits, SCOPA members discussed the need to catch dysfunctionality early by incorporating the Auditor-General's recommendations into their oversight programme. Meanwhile, several other committees have emphasised the need to institutionalise a resolution-taking mechanism to track issues and projects they had committed to.

 

Legislation

There are 19 bills before Parliament. These cover an array of topics including the public broadcaster, tobacco, state enterprises and state information.

The One Stop Border Post Bill was introduced by the Minister of Home Affairs during the term and is now sitting before the Portfolio Committee on Home Affairs. Of note, the Standing Committee on Finance began processing the South African Reserve Bank Amendment Bill, which was introduced by the EFF leader in 2018.

See full list of current Bills.

The EFF raised their frustration at the slow rate at which the President processes Bills sent to him by Parliament. They requested that clearer timelines be provided around Bills sent to the President, and for Bills to be sent back to parliament rather than sitting on his desk for years. The MK’s chief whip also requested clearer communication about when Acts take effect after receiving presidential assent, noting that this can depend on regulation drafting timelines and whether the department has confirmed its capacity to implement the new law.

 

Plenary sessions & NCOP Ministerial briefing

Plenary sessions are the most prominent feature of Parliament's activities and serve as the focal point for debate, particularly on issues of pressing public significance. This term Parliament scheduled several plenaries on various matters,  some of which dealt with:

  • Women's Day: Celebrating 30 years of Freedom and Women Development. 27 August, 2024.
  • (Mr T B Mabhena, DA): Measures to alleviate the escalating financial strain placed on households due to the Republic’s persistent cost of living crisis.  6 September, 2024.
  • (Mr K J Mileham, DA): The recent decision by the National Energy Regulator of South Africa (NERSA) to grant Eskom’s application to retrospectively recover R8 billion for the 2021/2022 financial year. 19 September, 2024.
  • (Mr J S Malema, EFF): The need for a parliamentary investigation on the impact of the crime of extortion in South Africa, with specific focus on the Western Cape, Eastern Cape, and KwaZulu-Natal. 6 September, 2024.

The notable increase in extortion-related crimes across the country was a key topic addressed in various parliamentary forums this term.  The Minister of Police, Mr Senzo Mchunu, delivered a statement during a National Assembly (NA) sitting, which addressed the South African Police Services’ plans to deal with rising levels of extortion in the country.

Meanwhile, President Cyril Ramaphosa briefed the National Council of Provinces (NCOP) in a plenary session on Friday the 12th September around the government's response to the rise of extortion across the country, among other pressing issue, in a question and answer session, More recently, the Portfolio Committee on Police was briefed by the South African Police Service (SAPS) on the various challenges they face dealing with extortion crimes. One challenge raised by SAPS at the meeting was the lack of an enabling legal framework to prosecute extortion related crimes.

The NCOP arranged one Ministerial Briefing Session to discuss the challenges facing the timely delivery of infrastructure to communities. These events are a regular feature of the NCOP’s programme and serve as a platform for the Executive and provinces to discuss and highlight national and provincial perspectives on issues.

 

Question and Replies

916 written questions in the National Assembly (NA) were posed by MPs to the executive this term. The party who submitted the most questions was the Democratic Alliance (DA), with 360 (39%), however the  Economic Freedom Fighters (EFF) MPs had a higher question ratio in proportion to the party's size, with 250 (27%) questions. The African National Congress (ANC) submitted 49 questions, while the uMkhonto we Sizwe (MK) submitted 56. PMG was unable to get NCOP question data from the term at the time of publication.

See list of questions and answers

As per the norm, Oral Questions and Answer sessions were held in both chambers during the term. The President, Deputy President and various ministerial clusters made appearances. Opposition Members expressed concerns about ministerial attendance at these sessions and the quality of responses from some Ministers. In response, the Speaker reached out to the Leader of Government Business (LOGB) regarding this issue. Additionally, it has been referred to the Subcommittee on the Review of the National Assembly Rules.

 

Party Membership

There was a flurry of activity around membership changes for some political parties MPs. Most notably,  uMkhonto we Sizwe (MK), who won 58 seats in the May election,  replaced 8 MPs during this term, making the combined total changes to the party's membership to 18. 10 of these MPs took their dismissals in court and lost, with the Western Cape High Court ruling in the party’s favour.

Two EFF MPs, Floyd Shivambu and Mzwanele Manyi, resigned to join the MK party in a major shakeup. Shivambu joined as the MK’s newly appointed national organiser, while Manyi was sworn in as an MK MP, and party’s Chief Whip, soon after his resignation from the EFF.

In another membership shakeup, the Democratic Alliance terminated the membership of new MP, Renaldo Gouws, after footage of him using derogatory and racist language resurfaced online. The party’s Federal Legal Commission (FLC) found Mr Gouws guilty of contravening several sections of the DA’s constitution after an internal investigation.

 As parties still figure out which Members are best placed in which committees, there was much chopping and changing of committee membership during the term.

 

Petitions

Petitions are an important tool for public involvement. In our research published last year, we delved into petitions submitted and processed by Parliament. You can read it here.

Seven petitions were received by Parliament this term and referred to the relevant committees for consideration and or report:

  • A petition requesting the National Council of Provinces to facilitate the declaration of Khutsong in Gauteng, a national disaster area, due to the escalating of large sinkholes in the area, has been received from Mr Jeremiah Ramokgoatedi of Carletonville, Gauteng Province
  • A petition from Mr Y Cassim, calling on the Assembly to investigate gang violence in the northern areas of Nelson Mandela Bay.
  • A petition from Ms Donna Khethiwe Nkosi of Roodepoort, Gauteng Province calling for the amendment of the Intellectual Property Laws Amendment Act 28 of 2013 (Act), so as to regulate the intellectual property rights in favour of the previously disadvantaged and marginalised groups.
  • A petition from Mrs Charmaine Botha, calling on the Assembly to investigate service delivery at the Compensation Fund.
  • A petition from # TeamFreeSanitaryPads, calling on the Assembly to investigate the provision of free sanitary pads and menstrual health.
  • A petition from Mr R Isaac, calling on the Assembly to investigate the possible increase of social grants to pensioners.
  • A petition from Mr R Ndabambi, on behalf of retired civil servants of former homelands of Bophuthatswana, Transkei, Venda and Ciskei and members of the Government Employees Pension Fund and Provident Fund, calling on the Assembly to investigate a fair and equitable dispensation of pension funds, pension redress and all other monies owed to them

At a  Select Committee on Public Petitions and Executive Undertakings introductory meeting, the Committee’s Content Advisor reported on a plan to introduce a National Petitions Bill, which would aim to strengthen cooperation with provincial and local governments regarding public petitions.

 

NCOP Provincial Week

National Council of Provinces (NCOP) conducted its annual NCOP Provincial Week programme from 16 to 20 September 2024. The NCOP Provincial Week programme is an oversight-driven initiative which aims to assess progress and plans to address the challenges surrounding incomplete community assets, specifically community-based infrastructure projects in all provinces. The theme for this year's programme was "Confronting the Challenges Facing the Timely Delivery of Viable Public Infrastructure to Communities". Some highlights from the Provincial Week included:

  • Eastern Cape's NCOP Delegates expressed their displeasure with the rising number of delayed infrastructure development projects in the province after a week-long oversight visit to the selected infrastructure projects in the Chris Hani District Municipality. The delayed projects included Fikile Gwadana Road, Louis Rex Primary School and the Komani Economic Industrial Park.
  • Limpopo’s NCOP Delegates and their provincial counterparts raised serious concerns about contractors who habitually abandon projects before completion, after the delegation visited six projects in the Waterberg District Municipality. The joint delegation called for the blacklisting of companies who abandon government projects.
  • Meanwhile, the Western Cape NCOP Delegates commended the implementation of social housing projects to residents by the Western Cape Provincial Government’s Department of Infrastructure and the City of Cape Town, after conducting site visits to three recently completed social housing projects. The delegation reported that the projects were a great example of effective intergovernmental collaboration and public-private partnerships which provide decent and dignified accommodation.

 

Gender in Parliament

Early on in the term, Parliament held a plenary to celebrate Women's day, under the theme Celebrating 30 years of Freedom and Women Development. At the plenary, Ministers and MPs reflected on how far South Africa has come in empowering women since the adoption of the Women's Charter in 1954.

In the committee corridor, The Portfolio Committee of Basic Education met to engage on matters relating to gender equality and issues of gender-based violence (GBV) in schools.  The Department of Basic Education (DBE)  outlined its strategies for preventing gender-based violence in schools, focusing on curriculum and assessment implementation, teaching and learning support materials, teacher training and development, co-curricular and enrichment programs, care and support services, and advocacy and information initiatives

In another meeting, the Committee on Higher Education received a briefing from the Commission for Gender Equality on employment equity and transformation in the higher education sector, focussing on Walter Sisulu University (WSU), Sefako Makgatho Health Sciences University (SMHSU); University of Fort Hare (UFH); and University of the Western Cape (UWC).  UWC was the only University to have women represented equally or as a majority, in top level management positions, with the three other Universities were found to be severely lacking representation in senior positions.

The Committee on Justice and Constitutional Development was briefed by Public Protector South Africa (PPSA) on its investigation into administrative deficiencies relating to gender-based violence (GBV) within the South African justice system. The PPSA investigation included inspecting the conduct of 38 courts across all 9 provinces, as well as police stations across the country. The presentation was damning, finding that the vast majority of courts do not have the resources and capacity to deal with GBV. Similarly, the PPSA found that many SAPs police stations do not have Victim Friendly Rooms (VFRs), which forces victims of GBV to relate the abuse they have suffered in crowded police stations. The investigation also found some police officers were reluctant to register cases of GBV even when they are aware that a criminal offence has occurred.  The PPSA urged the committee to monitor the implementation of GBV legislation and ensure that it is budgeted for.

 

Appointments

One of Parliament's important roles is to recommend office bearers for appointment at institutions supporting democracy.

In this period, the Portfolio Committee on Justice and Constitutional Development advertised to fill two statutory vacancies: Deputy Public Protector and Commissioner in the SA Human Rights Commission.

Meanwhile, the Portfolio Committee on Women, Youth and Persons with Disabilities held initial meetings to discuss the process and criteria to fill board vacancies at the National Youth Development Agency (NYDA).

Parliament Fire and Reconstruction

After the devastating fire that tore through Parliament in 2022, the work to rebuild and upgrade the precinct began in earnest this year. The project, which is expected to cost around R3 billion, began construction in August  after a prolonged period of assessment and the removal of debris. Part of the cost includes R943-million for upgrading parliament's information technology (ICT) systems in an effort to modernise its operations. According to a recent presentation to the Committee on Public Works and Infrastructure by the Department, 155 offices for MPs have been completed.

However the project is only set to be complete at the end of 2025, which means that Committees will have to continue to make use of various venues outside of parliament to conduct their meetings.

For larger meetings in the National Assembly, the idea of erecting a 500 seater Dome tent at Nieuwemeester Parking, with MPs wanting the issue resolved after the recess.  The EFF has consistently raised its objection to hybrid sittings for plenary sittings. In multiple NAPC meetings, the party has called for parliament to come up with a plan for the accommodation of all members during plenary sessions/larger meetings in the new Parliament.

Parliament has launched a website where you can track the project's progress.

 

The Term Ahead

The third term will run for 9 weeks from 8 October - 6 December. From the 8th-18th of October, Committees will launch straight into holding hearings on the 2023/24 annual reports of the government departments and entities they oversee. This will culminate in the drafting of BudgetaryReview and Recommendations Reports (BRRR). BRRRs play a vital role in Parliament's interaction with the budget, evaluating departmental service delivery and performance in relation to the resources available. They must be submitted before the Medium-Term Budget Policy Statement (MTBPS) on the 30th of October.

[Explainer: Why is the MTBPS important?]

 

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About this blog

People's Assembly

"That week in Parliament" is a series of blog posts in which the important Parliamentary events of the week are discussed.

We host the latest posts of this blog, written by People's Assembly. You can find more on PA's blog.

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