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{
    "id": 440144,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/440144/?format=api",
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    "content": "Hon. Members, in a 1999 Report prepared at the request of the Speaker of the National Assembly in South Africa, by one Hakkoder Saras Jaguath and Fred Shelter of the Faculty of Law, University of Cape Town entitled, Report on Parliamentary Oversight and Accountability, the authors stated as follows:- “Oversight is the function of the Legislature, which flows from the separation of powers and the concept of responsible Government like law making, which entails certain powers. Foremost amongst these is the power to hold the Executive accountable, monitoring the implementation of laws goes to the heart of the oversight tool. The Legislature is in this way able to keep control over the law it passes and to promote constitutional values of accountability and good governance, thus oversight must be seen as one of the central tenets of democracy---”. Thus, oversight must be seen as one of the central tenets of democracy. Accountability is also designed to encourage open Government. It serves the function of enhancing public confidence in Government.” In brief, this oversight role of Parliament entails overseeing the effective management of Government departments in order to improve service delivery and the rule of law. Hon. Members, this cardinal role of Parliament must, however, be exercised responsibly and with decorum. Whereas Members are at liberty, upon stating the grounds and particulars in terms of Article 152(6) of the Constitution, the proposed Motion such as the one I have referred to for removal of Cabinet Secretaries, the entire process should be structured and should uphold the integrity of the House. The Chair is dismayed to learn through other means, of intention by certain Members to exercise this right under the provisions of Article 152(6) of the Constitution without those Members first having the courtesy to make the proposals known to the Office of the Clerk. I wish to remind Members that provisions of Standing Order No.85 prohibit Members from anticipating debate on matters that are likely to be brought before the House within reasonable time. Special Motions include the Motion for removal of Cabinet Secretaries as they are given priority in the House. Prosecuting matters relating to these Motions outside the Chamber compromises the sanctity of the Floor of the House as a forum for debate among the people’s representatives. Hon. Members, Special Motions, as I have already stated, require that they should be dealt with without delay. Indeed, Standing Order No.64(2)(a) and (b) give timelines on actions to be taken by the Speaker and the House when a Motion of this nature is delivered to the Clerk of the National Assembly. However, there is no time limit given to the proposer of the Motion to give notice once the House Business Committee (HBC) has allocated time for its debate. A reading of the relevant Standing Orders presupposes that the entire process should be resolved either way within a reasonable time. The intention to move the Motion and the processes preceding the hearing itself must not be allowed to hang like a sword of Damocles on the head of any State Officer nor be allowed to drag on indefinitely. The Damocles must either fall or be removed and the Speaker will demand justice and fairness for public officers for which the House has a right to remove when Members are exercising this oversight role. Obviously, the Speaker will not countenance endless fishing expeditions. Accordingly and using Standing Order No.1(1) which reads as follows: “In all cases where matters are not expressly provided for by these Standing Orders or by other The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}