House Chair, the ACDP believes that one of the most glaring examples of the deficiency of Parliament’s oversight over the Presidency was highlighted by the Constitutional Court in 2016 when it held that the National Assembly failed to hold former President Zuma accountable by disregarding the remedial action called for by the Public Protector in her report.
The Court said:
”On a proper construction of its constitutional obligations, the National Assembly was duty-bound to hold the President accountable by facilitating and ensuring compliance …” (Paragraph 97)
It added that:
“The National Assembly’s resolution based on the Minister’s findings exonerating the President from liability is inconsistent with the Constitution and unlawful.” (Paragraph 99)
This was a very severe indictment on Parliament, having been found to act unconstitutionally and unlawfully in not exercising its oversight function properly.
The Zondo Commission also recommended that Parliament consider establishing a specific portfolio committee to oversee the Presidency. This has now been remedied with this rule amendment which establishes a designated portfolio committee which the ACDP welcomes and supports.
The ACDP has also taken note of the composition of the committee and believes that, given the very important role that this committee will play, it should have a larger membership. Greater clarity for alternate members as well as other members who may wish to attend this committee is also required.
Lastly, the ACDP also supports the hybrid model for questions as well as the return of a dedicated petitions portfolio committee, and will support the Report.
I thank you.
