Parliament’s Rules Committee has found that legislation does not necessarily address all the challenges identified by the State Capture Commission, and the recommendations of commission chair Chief Justice Raymond Zondo.
Zondo made several recommendations in his reports from the state capture inquiry including ways in which Parliament should strengthen its oversight activities and executive accountability.
In a recent academic colloquium to mark one year since the handover of the state capture reports to President Cyril Ramaphosa, Zondo voiced his concerns that Parliament was likely to fail in protecting the country from another round of state capture due to its delays in implementing his recommendations.
This did not sit well with Parliament’s presiding officers who defended themselves against Zondo’s criticism.
National Assembly Speaker Nosiviwe Mapisa-Nqakula and National Council of Provinces Chairperson, Amos Masondo, rushed to meet with the Chief Justice in a closed door meeting at Constitution Hill.
After being accused of trying to silence Zondo and evade responsibility, Parliament’s Mapisa-Nkaqula said the point of the meeting was to have a frank discussion about his concerns raised in the public domain rather than with them directly.
“We do not want to send a message to South Africans that there is instability in the country,” she said.
Mapisa-Nqakula, as the chairperson of the Rules Committee, also tabled a supplementary report to the First Report of the National Assembly Rules Committee, in which she said the commission recommended several reforms that could already be provided for in law, and/or Parliament's rules.
Zondo recommended, among others, the establishment of an oversight committee over the Presidency and the establishment of an ongoing committee to monitor state capture that would operate in the same manner as the commission he chaired.
Mapisa-Nkaqula said Parliament undertook research on international practices and specifically whether other countries had comparable laws. The research found that, from the 12 countries surveyed, none had statutes which dealt with all the subjects identified.
"The research nonetheless concluded that, in many countries, there was a growing demand for an improvement in parliamentary oversight. The Rules Committee agreed that, as a general point, legislation would not necessarily serve to address all the challenges identified by the State Capture Commission,“ the report stated.
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