PREMIER'S INPUT
Comrades,
Our central mission as the African National Congress remains the creation of a democratic, non-racial, non-sexiest and prosperous South Africa. A South Africa that will strive to improve the lives of our people.
That is the promise we made to the people during the elections in 1999 and again during the local government elections last year. It is therefore important that in whatever we do we have as a lodestar the creation of a better life for all.
The realization of this objective of a better life for all will to a large extend depend on whether we hear what the people are saying. Now, in between elections, how do we hear what the people want?
As the ANC we have created a number of avenues like the People's Parliament, Imbizo, the Legislature and so forth.
I believe the legislature is one avenue where the needs of the people can be adequately identified and their experiences and views articulated so that we can correctly determine the provincial and national agenda.
I am sure you will agree with me that good governance, and the realization of the ANC's political project depends on the development of a “strong” Legislature. One of eh more important roles of the Legislature is as a body, which exercises scrutiny and oversight over the Executive.
Oversight should be seen as a way of promoting cooperation between the Executive and Legislature and in this way contributing to accelerated service delivery. In the words of the report on oversight commissioned by National Parliament (Corder et al):
“ The oversight role is often seen as that of opposition parties alone, designed to police and expose maladministration and corruption."Such as view is limited and deficient.
“Oversight and accountability helps to ensure the Executive implements laws in a way required by the Legislature and the dictates of the Constitution."
“The Legislature is in this way able to keep control over the laws it passes and to promote the constitutional values of accountability and good governance.”
“Seen in this light the oversight function of the Legislature compliments rather than hampers the effective delivery of services with which the Executive is entrusted.”
Parliamentary systems tend however, to produce an imbalance in the relationship between the Executive and Legislatures and a subordination of the internal workings of the Legislature to the requirements of the government.
This is so because the members of whose support the government is dependent to sustain it in office, and who are subject to party discipline, are at the same time required to subject the government to critical scrutiny.
This can lead to a weaking of Legislatures investigative and oversight roles and to less transparent, accountable and effective government.
No one, least of all the ANC, wants a weak Legislature. And please remember that members of the Executive are also members of the Provincial Legislature. A weak Legislature tends to encourage passivity and inaction among “back-benchers” whereas a strong legislature draws on the talents, energies and expertise of all deployees to government.
Thus oversight must be seen as one of the central tenets of our democracy because through it the Legislature can ensure that the Executive is carrying out its mandates, monitor the implementation of its legislature policy and draw on these experiences for future law-making.
Through it we can ensure effective government. But the guiding principle should be that we subject matters of strategy and tactics to full and adequate discussion within caucus. Caucuses play an important role in monitoring the Executive.
Caucuses should therefore be thought of as collectives with decision-making responsibilities on political issues, as opposed to merely administrative matters. What then are the other duties of the Legislature? The duty of the legislature is to make laws.
The executive is not expected to make any laws except proclamations and government notices as empowered by the legislation. It is therefore important to have good relations between the legislature and the executive. But as members of the Mpumalanga Provincial Legislature can we, with some from of justification say we have performed our constitutional duties in a manner that is pleasing to the ANC and the electorate?
Let us look at a few issues. I am not raising these matters to open old wounds, but so that we can discuss them and resolve them. So we can walk out of this room with a common understanding of our duties and responsibilities.
Let us look at the question of the Mpumalanga Petition Bill. Did we subject the bill to the democratic will of the movement?
Is it proper for a non-executive member to promulgate a bill and make regulations under the said Bill?
Comrades, is it right for a portfolio committee to decide that a government department must spend money on an exhibition at a show without getting the executive, as a collective, to be part of such a decision?
Something else. An open day was arranged where the executive was expected to answer questions either direct from the public or via members of the legislature.
One of the issues that might have unintended consequences is the question of judicial commissions of enquiry.
A resolution is taken to establish a judicial commission of enquiry without prior discussion in the ANC Caucus about the financial implications to the department and whether the department has got money to pay towards the commission.
We have to streamline our actions and eliminate the misunderstanding in our relationship. This will ensure that we perform in accordance with what the electorate expects from us.
That is why I recommend that we hold caucuses more regularly so that the relationship between the Executive and the Legislature is kept intact.
You are all by now familiar with the issue of the arrangements for the grand inauguration of the Riverside Government Complex without involving the executive which has been tasked with the financing and administration of the building.
There is also the issue of the paying of salaries of members of the executive by the secretary of the legislature. This unlawful action has been going on; I am told, since June 2, 1999.
Arrangements are being made to ensure that the salary of each executive member is paid from the funds allocated to each department by the legislature.
Some of these matters might not necessarily be wrong, but they need to be discussed between the leaders of the Executive and the Legislature. That is why I propose that we I propose that we hold thorough discussions on these and other matters at the caucus and at the ANC provincial level before we implement them. Let us not loose sight of the fact we are all mandated by the ANC to act in accordance with ANC policy.
Comrades, I am putting matters up for open and frank discussion so that we can leave this room with a common understanding.
I thank you.