Wyndham Hartley
14 January 2009
Cape Town — A top-level panel of experts is calling for changes to electoral laws and a shake-up for MPs in a bid to reinvigorate SA's democracy and salvage Parliament's image after a series of embarrassing ethics scandals in recent years.
On their list is another look at the arms deal investigation, measures to avert a repeat of the Travelgate corruption scandal, and the introduction of a form of a constituency system to make MPs more accountable to voters and less beholden to party bosses.
The assessment, by 11 eminent persons, including Stellenbosch University chancellor Frederik van Zyl Slabbert and leading political analysts Judith February and Sipho Seepe, was commissioned by Parliament itself.
The chairwoman of the panel, former African National Congress MP Pregs Govender, said yesterday one of the most important findings was that the electoral system needed to be changed to make MPs more accountable to voters.
The panel agreed that there should be a combination of both proportional representation and a constituency system.
Among the recommendations were that:
Parliament establish a "scrutiny mechanism" to oversee regulations developed by government departments;
Parliament develop the skills to measure the effect of legislation on the public;
Parliament consider the effect of the current electoral system;
Parliament take steps to improve the quality and substance of debate in the institution;
Parliament engage with the leader of government business to follow up on questions from MPs left unanswered by the executive;
The structures and processes around constituency work be reviewed and assessed;
the panel recommends that tghe systems to ensure financial accountability for the substantial funds allocated to parties for constituency support are imporved;
Parliament provide the public with details of constituency offices so they can assist with citizens' problems;
Clear standards for public participation in parliamentary processes be established;
Parliament's research capacity should be strengthened;
Presiding officers in Parliament not be allowed to hold high office in political parties; and
Parliament consider the lessons that emerged from the arms deal investigation process.
Potentially, the report runs into trouble on some recommendations because it would weaken the grip party bosses have over MPs.
Similar recommendations some years ago from the Van Zyl Slabbert investigation have not been implemented.
Panel member and former African National Congress chief whip in the National Assembly Max Sisulu said steps needed to be taken to ensure that the report was not shelved. "Having spent two years on this, it should not be ignored."
Govender said the report was handed over in public, and the public should demand accountability.
Independent political analyst Aubrey Matshiqi, also a panellist, said that electoral reform could iron out some of the "distortions" such as the relationship between party bosses and MPs, and the relationship between members of the executive and MPs.
The panel also recommended that Parliament revisit the arms deal and "take such steps as are necessary, including a debate on the adoption of a resolution calling for the appointment of a judicial commission of inquiry".
President Kgalema Motlanthe, and Thabo Mbeki before him, refused to appoint such a commission despite repeated demands.
The Travelgate scandal, in which MPs and travel agents defrauded Parliament of about R20m, also came under the spotlight.
The panel suggested changing the constitution so any MP became ineligible to be a member if convicted of offences such as fraud and corruption. A person is disqualified now only if sentenced to prison for 12 months or more without the option of a fine. Guilty Travelgate MPs were fined, and remain members.
"Considering the damaging impact that unethical behaviour has on the image of Parliament, the panel felt strongly that the conditions under which members of Parliament become ineligible to hold office should be reviewed," the panel's report says.
Veteran former Democratic Alliance MP Colin Eglin said this would require a constitutional amendment.
Other issues identified were the support given to constituency offices when there was no formal constituency system, and for Parliament to scrutinise regulations made by the executive to support their legislation.
Public participation in the legislative process came under scrutiny, and the panel proposed a guidebook to cover the principles and requirements for public hearings.
National Assembly speaker Gwen Mahlangu-Nkabinde promised the report would be studied, and be part of the package handed to the new Parliament.
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