Promoting the rule of law in a politically polarized environment: why it matters
March 2, 2022Social compact: How they are meant to work
March 3, 2022By: Adebimpe Ofusori
Parliament is the legislative authority of South Africa, endowed with the power to make laws in accordance with the constitution, for the country. It comprises of the National Assembly and the National Council of Provinces. The National Assembly, which is the lower house of the bicameral Parliament of South Africa, consists of about 400 members, elected by voters based on a proportional representation or party list system. They have no electoral districts, and each party is allocated a number of seats proportional to the percentage of the votes it receives across the country. The National Council of Provinces on the other hand is the upper house of the Parliament of South Africa under the post-apartheid constitution, which sprung into full effect in 1997. It is made up of 54 permanent members and 90 provincial delegates, that is, ten representatives from each province. The National Council of Provinces represents provincial interests in the national sphere of government and decisions cannot be made without getting mandate from the provinces. The Houses of Parliament of South Africa are located in Cape Town, Western Cape province. There are three main sections of the house of parliament: the main building which houses the National Council of Provinces was constructed in 1884. The two new additions constructed in the 1920s and 1980s house the National Assembly. Each House has its own distinct role and functions, as set out in the Constitution.
The National Assembly makes law and amend the constitution when necessary. They have the right to impeach the president or vice president when found to have committed the act of gross misconduct. Also, any member of the executive that goes contrary to the law can be invited to the national assembly for questioning or strict discipline. They also provide a national forum for public consideration of issues, pass legislation, scrutinize and oversee executive actions. The speaker is the head and spokesperson of the National Assembly. The National Council of Provinces on the otherhand, represents the provinces and make sure that provincial interests are taken into account in the national sphere of government. It also ensures that the nine provinces and local government have a direct voice in Parliament when laws are made. The chairperson for the National Council of Provinces is the head and spokeperson for that house. In a Parliamentary form of Government, such as that of South Africa, the functions of Parliament include enacting laws, advise, criticise, and express the public grievances and that of the Executives. They also enhance the integrity of public governance in order to safeguard government against corruption, favouritism, abuse of power and other forms of inappropriate behaviour. Other roles of Parliament include scrutinising the work of the government by investigating bills in debates and committees, review government decisions and participate in senate estimates hearings to investigate government expenditure. Parliament perform its oversight function by monitoring and overseeing government actions. When performing oversight, Parliament focuses on the following areas: implementation of laws. application of budgets. strict observance of laws of Parliament and the Constitution.
Why Parliamentary accountability matters in South Africa
The true test of democracy is the extent to which Parliament can ensure government remains answerable to the people. Therefore, Parliament accountability in South Africa should be encouraged because it helps to promote good governance and hold the government political appointees, and head of government agencies to account. Below are some of the reasons for promoting parliament accountability in South Africa:
- It Serve as a representative of the down troden and common people of the country
Since members of parliament are elected representatives, they must act in the public interest and be accountable to the people of South Africa and ensure the people get their fundamental rights. The neglected and common citizens must be able to have a say on the socioeconomic status of the country through their elected representatives. In most cases, electorates vote for parties based of what they stand for, therefore it is imperative for party leadership to ensure their candidates give proper account of their stewardship to the people that elected them in the interest of democracy.
- Fund Monitoring
The legislatures are responsible for granting permission to the executive to raise and spend funds after careful scrutiny. It is also the duty of the legislature to monitor and ensure the funds raised are not misappropriated or diverted. They ensure the activities of the executive promote social cohesion and transparency in the disbursement of the funds raised. Parliament exhibit an oversight function over the finances of the executive and government agencies and also ensures public funds can be accounted for.
- Law making
Parliament is the final authority for making new laws in the country, and also changing and eradicating existing laws. The parliament are expected to enact laws and policies that can promote social cohesion and also protect the interests of the down trodden in the society.
Factors militating against Parliament accountability in South Africa?
South Africa’s parliament have been responsible for government accountability, however there are challenges limiting against their effectiveveness. Some of these challenges are as follows:
- Social alliance: when the parliament have too much rapor with the executive, it can affect their oversight functions. This is particularly common when members of the parliament are in the same political party as the executive. This will weaken the ability of the parliament to be accountable to the people that elected them. Parliament must be able to separate their oversight functions from social alliance in order to ensure proper accountability.
- Corruption: corrupt practices, inducement and fraud are major impediments to accountability. South Africa’s parliament can guarantee greater accountability by living above board in the discharge of their constitutional duty. Members of parliament must understand that they are representatives of the people and as such, must remain uncompromised bearing in mind that their integrity is very paramount in ensuring proper accountability.
- Dominance of a political party
Since the end of apartheid in 1994 the African National Congress (ANC) has dominated South Africa’s politics. ANC is the ruling party in the national legislature, as well as in eight of the nine provinces. As a result, ANC views its control as the expression of its popularity. In light of this, dominance of a political party to the state, may weaken, the ability of the parliament to perform their role as a watch dog for government. political analyst have warned of the danger posed to accountability by the dominance of a ruling party, thus the aim of proper accountability is forfeited.
- Transparency
Members of parliament finds it difficult to perform their functions if government fails to be transparent in all their dealings with Member of Paliament. Transparency ensures the availability of information that can be used to measure the performance of the government and guard against any possible misuse of funds. Transparency strengthens democracy, promote efficiency and effectiveness in government. Government should be transparent in all their dealings with the members of parliament for proper accountability and to provide adequate information for citizens about their country.
In Conclusion, Parliament accountability is one of the key to effective and efficient political administration. It serves the function of enhancing public confidence in government and ensures that the government is close and responsive to the people it governs. Hence, the role of accountability is crucial to good governance and has to be reinforced by suitable parliamentary systems in South Africa.
Dr. Adebimpe Ofusori is a researcher at the University of KwaZulu-Natal. She writes in her personal capacity.
