The Presiding Officers of Parliament held a rules dialogue in Johannesburg today with the media, non-profit organisations and other stakeholders on its rules review process. This was done to explain how far this process has gone and how much ground it is yet to cover.

This process emanates from the realisation that there is a need for the review of these rules to give voice to that which they are silent on, to afford clarity where there is cause for ambiguity, to ensure that the disagreements emerging from the multitude interpretations and that the contestations of rules don’t get in the way of the work of Parliament. That in fact the issue of rules ceases to be a pre-eminent bone of contention.  

This dialogue constitutes the second instalment of this engagement, the first was held in Cape Town in November last year. But it is envisaged that this will be an ongoing process until consensus on the meaning and the understanding of rules is reached. But this dialogue was about the Joint Rules that would be governing the sitting of Sona (State of the Nation Address) on the 8th of February this year.

In her address, the Speaker of the National Assembly Ms Baleka Mbete stated the importance of ensuring that the media has a clear understanding of the rules governing this sitting. “These rules apply because Sona is an annual programme in which all arms of the state are represented. We called you to quell any misunderstanding about what rules apply, and how, in this sitting.”  

She went on to explain the genesis of Sona: “Sona is necessitated by the request of the President to Parliament to address the citizen of the country, to articulate to them the state of the nation. And such an undertaking can only be done in Parliament.

“What necessitated Joint Rules is that this sitting is not an ordinary sitting of any House of Parliament. It comprises the three arms of the state and other state organs which are called upon to observe the President on the state of our nation. And what roles these arms of the state and its organs are expected to play in achieving the priorities set out during Sona.”

The Secretary to the National Assembly, Mr Masibulele Xaso, added that Section 7 of the Joint Rule authorises the President to call Parliament to organise Sona. “That notice is published in Parliament’s journals. This does not deal with questions to the executive, for that is dealt with in the rules of the respective Houses.”  

He stated the nature of the Joint Rules: “These are rules that concern the privileges of Members of Parliament (MPs) and the executive stipulated in the Joint Rules Act of 2004. This involves Members’ freedom of speech and the limitation thereof, to ensure the decorum during the sitting of the House, in the spirit of the Constitution.”

He stated that the decorum of the sitting is the Presiding Officers’ prerogative. “But they do that in conjunction with the Chief Whips of other parties to ensure that they cooperate with the directives and with parliamentary practices and conventions that are not necessarily expressed in rules, or can be regulated through rules.”

Example of which are rules dealing with un-parliamentary languages and gestures. “There two sentences dealing with that because it is not feasible to rule on each gesture. But this is supported by good practice and what is considered as un-parliamentary language. Such as the casting of aspersions on the integrity of a member without any substantive motion.”

He also gave a context to the new rule that allow the removal of a Member from the House. “This rule came in 2015 after a lot of consideration by the collective of the houses of Parliament. But before that is done, a member will be compelled by the Presiding Officer to stop and will appeal to it three to four times and as a last resort, the Presiding officer will implement the rule.”

Prof Somadoda Fikeni of Unisa said: “What are the lessons we may extract from the last three or so years that necessitated the revision of rules? Were they inadequate or did they not anticipate the political realities? And to what extent can rules regulate MPs when the body politic is toxic, you have to work on that first. “No rules can cover every possibility as to how this can be done. And if Parliament is constantly taken to court, that makes the public to lose hope in it,” commented Prof Fikeni.

“What is different from last year’s Joint Rules, some of which were taken to court?” asked an executive member of Sanef, Ms Janet Heard.

Adv Phindela responded: “If they are taken to court that helps to refine our constitutional democracy. If MPs want to test rules against the Constitution, that is acceptable. We set rules because Parliament had to determine its own rules and procedures,” he said.

“We heard of the stepping up of state security, can Parliament explain that?” Ms Heard asked.

The Speaker of the National Assembly replied: “The stepping up of security at Parliament is not about Sona. These measures came up when MPs attacked parliamentary security and property. So the issue had to be looked at from a different perspective in relation to the notion of a people’s Parliament. Must we be relaxed on security on the basis that this is a people’s Parliament? Above all this is done for the safety of MPs within the corridors of Parliament.”

This is not something unique to our Parliament, all Parliaments of the world are properly secured, she said.

The Chairperson of the NCOP, Ms Thandi Modise, cited a typical example of that: “When I wanted to go to the loo at the British Parliament, I was escorted all the way. The security guard waited for me and escorted me back to the House. If we did that here, we would be vilified,” said ms Modise.

“We have to learn lessons,” said Ms Mbete, “we need not only be idealistic about our notion of people’s Parliament. We must deal with the realities that inform all these measures.”

In response to the alleged contradictions emanating from Parliament’s inheritance of Westminster conventions raised by Prof Fikeni, Ms Modise responded: “Had we mimicked the Westminster system, we would hold ministers to account and ensure that they respond appropriately to questions asked in the Houses of Parliament.

“To fully embrace our legislative authority, we have been looking at the issue of the establishment and strengthening of the legislative sector. This to get the respect it deserves. This starts with how it is resourced to ensure its independence and that it is not reliant on the executive that is supposed to hold accountable,” she said.  

About the allegation of a stepped-up security in the build-up to Sona, the Acting Secretary to Parliament, Ms Baby Tyawa, explained that the cameras that have been installed at the Parliament precinct are a response to recent events that led to the damage of parliamentary property and art works. “We never had to attribute that to anyone and the South African Police Service can do nothing about this because there is no footage to incriminate the culprits. As a result, this damage will be sitting in the books of Parliament.”

Most recently, the SABC and NCOP offices were broken into and again no one was held accountable for that because again there was no footage to establish a case. “We are improving security at Parliament for Members, its property and workers. Recently, Public Works has taken off the old cameras and installed digital cameras to improve security on Parliament’s precinct.”

By Abel Mputing
29 January 2018