South Africa: Governance Warning Lights Flashing - Shortcuts and Fudged Legislative Processes Undermine SA Democracy

analysis

Ministers rushing draft laws to Parliament in the last months of 2023 may reduce their to-do lists and clinch a PR moment or two before next year's electioneering. But it's the illusion of governance - and the shortcuts and fudging of legislative processes undermine democracy.

Only 11 out of 42 laws in a 2023 Cabinet legislative programme that includes 14 priority Bills, were correctly tabled in Parliament during the first eight months of the year, according to the National Assembly programming committee.

The final deadline for ministers to get their draft laws to the national legislature was Monday, 4 September 2023, it emerged at Thursday's committee meeting. The extension was agreed to after a request by Deputy President Paul Mashatile in his role as leader of government business, or liaison between the executive and legislative spheres of state.

But the reality is that Parliament's capacity to deal with a last-minute ministerial legislative dump is at best limited. Some five months remain in the parliamentary calendar before the 2024 elections anticipated in May.

Crucially, a draft Bill submitted under Joint Rule 159 is not tabled; it's just giving parliamentarians a heads up to plan their programme. A Bill is only properly in Parliament for processing when it's tabled under National Assembly Rule 276. And getting the paperwork right, including the state law adviser's certification, is key.

That's something ministers keep fudging, as does the Presidency's Operation Vulindlela initiative with National Treasury. While such fudginess might make...

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