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ANC Whip The bi-weekly newsletter of the ANC Caucus
14 Sep 07
Role of Parliaments towards
Citizenery
T
he African National Congress
(ANC) has consistently
articulated a clear vision for The National Assembly last week discussed role of
democratic governance institutions parliaments in striking balance between national
and their role as legitimate
platforms for representing the security, human security and individual freedoms,
aspirations of the people. and in averting the threat to democracy. We publish
The ANC has thus advocated for a
“democratic state and institutions
the ANC’s approach to the debate...
based on the will of the people”1 as
the only way “to secure the The oversight role of parliament general. In occasions that related
birthrights of all citizens without any should as such, be driven by the to engagement with international
regard to race, sex or belief.” aspirations of the people with institutions like the Inter –
2
ANC’s perspective of national regard to national security, human Parliamentary Union (IPU) on this
security, human and individual security and individual freedoms. subject, a combination of the ANC’s
security is coined in a collective This is derived from the Freedom foreign policy perspective as well
security for the people without an Charter’s clarion call that, “the as its political position on the role
overemphasis on individuality. rights of the people shall be the of parliament becomes the
This is due to the nature and same, regardless of race, colour or prevailing line of engagement. For
character of the struggle for the sex.”5 instance, at the level of IPU (which
liberation, which was and Within the ANC policy paradigm is mainly a dialogue platform), the
2 continues to be significantly based human security and individual ANC’s position on parliaments
on holistic liberation of the people. freedoms as presented in this being important for both the
The security apparatus are discussion topic (role of parliament oversight function over the
therefore an integral part of such a in striking a balance between executive and as a democratic
thoroughgoing liberation character. national security, human security platform for the expression of the
Whereas the apartheid and individual freedoms and in interests of the people remains the
government’s security outlook was averting the threat to democracy) main point of departure. At the heart
mainly meant to be the security of borders on issues of human rights. of this perspective (ANC) is the
the state and its ruling elite as well The role of parliament as an importance of participatory
as the white minority group, the oversight body over the executive democracy and mutual
security architecture being and its role in providing checks and accountability, thus ensuring the
elaborated by the ANC is balances is an important role in ownership of democratic
fundamentally driven by the notion fostering democratic and institutions by the people in
of security of the people. To further accountable governance. In this averting the threat to democracy.
illustrate this point the ANC policy regard the ANC has always Accordingly, the struggle for
on the police service states that: advocated for “a strong and apartheid free South Africa, within
“the police must be accountable to effective Parliament capable of the ANC perspective, has always
the people whom they serve.”3 dealing with the great tasks of been about fundamental human
It has and continues to be the view reconstruction, of overcoming the rights. And as such, human rights
of the ANC that all security legacy of apartheid and of nation have been canonized as the
apparatuses should be “rooted in building.” cornerstone of the ANC’s foreign
6
and accountable to the This kind of perspective is the one policy perspective.
communities in whose name they that guides the ANC’s engagement In addition, the foreign policy
serve.”4 with the role of parliaments in perspective of consolidating the
1
FROM Pg1
African Agenda; ensuring peace provision for a state of emergency
and stability in Africa and in the
world; creating partnerships for
“Government must be the to be declared when the life of the
nation is threatened.
development; the South-South government of the people, Such a power will be subject to
relations; the North-South relations; by the people, for the strict controls by Parliament and
good governance and creating a people. the judiciary.
global situation where human It must be chosen by the The Constitution will provide for the
rights are respected, guides the recognition and protection as far
ANC’s approach to platforms such
people in free, fair and
as possible of fundamental rights
as the IPU. regular elections” during the period of emergency.”11
This however is not without the fact And this approach would as such
that, “there is a need for strong and phenomenon in democratic be translated into all the platforms
effective national government to societies.”8 Parliamentary oversight engaged on these issues like the
handle national tasks, such as in these areas (national security IPU in this regard.
defence and ensuring the basic and defence), however need to be
security of the country and the afforded the level of discreteness
people.” 7 required yet maintaining a good
This further provides a mutually balance of upholding the
reinforcing approach of constitutional prescriptions, without
accountability and transparency of posing a threat to democracy.
the executive towards the people, Footnotes
The kind of openness and 1
The Freedom Charter, Adopted at the
while parliament also ensures the accountability that the ANC has Congress of the people, 1955.
executive’s accountability through a always fostered in constructing a 2
The Freedom Charter, Adopted at the
transparent and democratic democratic ethos, in all spheres of Congress of the people, 1955.
platform. government is derived from the 3
African National Congress, Department
The notion of a balance between notion that, “government must be of Information and Publicity, Discussion
the role of parliament and its the government of the people, by Document on policing.
oversight towards the executive the people, for the people. 4
African National Congress, Department
only emerges where there is not a It must be chosen by the people in of Information and Publicity, Discussion
clearly articulated vision between free, fair and regular elections.”9 Document on policing.
5
the legislative arm of the state and This amplifies the point that the The Freedom Charter, Adopted at the
the executive arm of the state. Congress of the people, 1955.
security architecture of South Africa 6
Accordingly, instances of African National Congress,
and the role that parliament is Constitutional Principles for a
sensationalism in public debate constitutionally mandated to play
and unfounded accusations are Democratic South Africa.
are consistent with the ANC’s 7
African National Congress,
potentially dangerous, and could approach of the security of the Constitutional Principles for a
amount to a security risk, with people. Democratic South Africa.
regards to issues of national Consistent with this view the ANC 8
Making intelligence accountable: Legal
security and defence. believes that, “the organs of Standards and Best practice.
The kind of a balance that could be government shall be accountable to 9African National Congress,
raised can only arise under such Parliament. Constitutional Principles for a
circumstances, particularly when it It is not their function to serve the Democratic South Africa.
comes to the security sector and interests of any party or sectional
10
African National Congress,
intelligence. Constitutional Principles for a
grouping. Impartiality presupposes
This is where parliaments should Democratic South Africa.
a balanced composition of the 11
exercise their oversight role to a African National Congress,
bodies concerned and sensitivity to Constitutional Principles for a
level of broader strategic approach the needs and aspirations of all
of ensuring, first and foremost, the Democratic South Africa.
sections of the community.”10
security of people and respect of ANC further articulated its
civil liberties. perspective on the role of
There is however, an absolute parliament in relation to both the
affirmation that, “parliamentary constitution and the national
oversight of the security and security, and stated in its principles
intelligence services is a for a democratic South Africa that,
necessary and acceptable “the Constitution will make
2 Continues pg 3
Co-operative Banks Bill (2007)
C
o-operative banks are excluded by formal financial Prudential requirements for co-
member-based, deposit- institutions. operative banks and provides for
taking financial services The Bill seeks further to ensure the large exposure;
institutions that offer basic banking sound and safe management of Deposit insurance and voluntary
services such as deposit-taking, money by financial services co- schemes;
savings and the issuing of loans to operatives thereby promoting the Amalgamation, division,
their members. development and growth of such conversion, transfer, judicial
The purpose of the Co-operative co-operatives. management and winding-up of
Banks Bill is to create a co-operative banks;
development instrument and a Objects of the Bill Representative bodies and
regulatory environment for deposit- The objects of the Co-operatives support organizations for co-
taking financial services co- Banks Bill are to: operative banks;
operatives such as village banks promote and advance the social Appointment of supervisors
and savings and credit co- and economic welfare of all South Establishment of a Co-operative
operatives. Africans by enhancing access to Bank Development Agency and an
The history of the co-operative banking services under appeal board, and
movement reflects part of the sustainable market conditions; General provisions which include
struggle by Black South Africans in promote the development of offences and penalties and matters
the main under the system of sustainable and responsible co- relating to fair administrative action,
apartheid financial regulation and operative banks; and the certification of documents,
planning, to establish savings establish an appropriate regulations, powers of the Minister
outside the formal banking sector. regulatory framework and of Finance and civil liability of
Black South Africans have been regulatory institutions for co- directors
involved in unrecognized co- operative banks that protect
operatives in both urban and rural members of co-operative banks, by Political considerations
areas since the early 1900’s. Co- providing for: - The Bill draws significantly on ANC
operatives included rotating • the registration of deposit-taking policy in the transformation of the
savings and credit schemes of financial services co-operatives as financial sector and reflects the
various forms, including Letsema, cooperative banks introduction of a critical and new
burial societies, stokvels and •the establishment of co-operative phase in this transformation
mogodisano. bank supervisors to ensure process. The large majority of
ANC policy towards the appropriate and effective regulation South Africans still find themselves
emergence of social capital and supervision of co-operative outside the formal banking sector
addressed the need for re- banks so as to protect members despite the many steps introduced
orientation and mobilisation of the and the public interest and by the ANC government, e.g. Mzansi
finance industry in order to support •the establishment of a accounts and certain established
the emerging co-operatives. Development Agency for Co- banks recognizing traditional
Without access to finance and operative Banks (‘‘the Agency’’) to savings mechanisms such as
credit no significant growth of co- develop and enhance the stokvels. The Co-operatives Banks
operatives could occur. sustainability of co-operative Bill addresses this exclusion in that
This required that the ANC banks. it seeks to create a development
government strengthen financial The Bill aims to register co- strategy and a regulatory
co-operatives such as co-operative operatives which have more than environment for deposit-taking
banks and co-operative insurance. 200 members and which held financial services cooperatives.
The importance of building more than one million Rand. This will ensure the sound and
financial co-operative institutions Co-operatives that do not meet safe management of depositor
implies that money generated by these requirements would remain money by financial services co-
co-operative enterprises is kept deposit-taking institutions under operatives and promote the
within the community to be used the Co-operatives Act development and growth of such
for the benefit of the whole co-operatives. This will in turn
community as well as individual Contents of the Bill promote access to financial
co-operative members. The Bill provides for the following: services for people in rural
The Co-operative Banks Bill seeks Registration, constitution, communities who have no access
to promote access to basic, functions and management of co- to formal banking services, and
affordable financial services to all operative banks; help to stimulate and grow social
South Africans, particularly, those capital.
3
Repeal of Black Administration Act and Amendment of
Certain Laws Amendment Bill
I
n 2005 Parliament passed into functions of traditional leaders, had The Portfolio Committee finalized
law the Repeal of the Black to be finalized before or on the 30th consideration and deliberations on
Administration Act and of September 2007. the Bill referred it to the National
Amendment of Certain Laws Act, Whilst the process of developing Assembly for debate.
with a view to remove from the and introducing new legislation Some opposition parties
statute book all remaining was underway, it was realized that expressed a view to the effect that
apartheid legislation which such a process could not be the extension of the sunset clause
undermines constitutional finalized before 30 September to 30 June 2008 would not provide
democracy. 2007. sufficient time for the departments
In particular, the 2005 Repeal Act This was due in the main to various to finalize their work.
was passed to repeal the Black constitutional issues and However, the Department of Justice
Administration Act of 1927. conflicting provincial legislations and Constitutional Development
However, a sunset clause was on traditional leaders. insisted that such time would be
incorporated into the Repeal Act so The Bill, [B34-2007], thus amends sufficient since the processes of
as to allow the provisions of the the 2005 Repeal Act so as to developing substitute legislation,
Black Administration Act which dealt extend the sunset clause from 30 was already at an advanced stage.
with the judicial functions of September 2007 to 30 June 2008
traditional leaders to remain in to afford the affected Departments
force until new legislation was time to finalize all the processes of
passed. putting together new legislation,
The Act prescribed that new which would deal with functions of
legislation dealing with the judicial traditional leaders.
Transport Agencies General Laws Amendment Bill
There are several public entities The South African National recommendation of the relevant
under the control of the Department Roads Agency Limited Boards
of Transport, which were The Transport Appeal Tribunal providing for the filling of
established by separate ECONOMIC TRANSFORMATION
Acts of The South African Civil Aviation vacancies on the Boards
Parliament. Each of these Acts Authority providing for the conclusion of
provide for the appointment of a The Road Traffic Management performance agreements between
Board for each of these entities. Corporation .the Minister and the Entities where
The procedures within these nRailway Safety Regulator such agreements do not exist.
respective Acts are not streamlined
and can cause delays in appointing The amendments are aimed at: The Bill aims to eliminate delays in
members of the Boards timeously. providing for the appointment of appointing board members to
members to the various boards by these entities and thus improving
The Bill amends the enabling Acts the Minister service delivery. The study group
of the from pg 1 public entities
following streamlining the processes and regards the Bill as very
under the control of the Department procedures with reference to the straightforward but necessary.
of Transport: appointment of members to the
The Cross-Border Road various boards
Transport Agency providing for the appointment of
The South African Maritime CEOs by the Minister, on the
Authority
ANC Whip is produced by the Media &
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