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					                                    ANC Whip  The bi-weekly newsletter of the ANC Caucus
                                                                                                                 14 Sep 07

    Role of Parliaments towards
            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 –
       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
    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

  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.
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
                                                                                  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)

         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.

Repeal of Black Administration Act and Amendment of
Certain Laws Amendment Bill

   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
                                                                                   ANC Whip is produced by the Media &
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