National Assembly’s tentative turn to virtual meetings for oversight and questions

The Good Friday virtual health committee meeting — Parliament’s first — for a ministerial Covid-19 update seems to have been central to Parliament’s entry into IT-driven meetings.

It wasn’t a given because initially technology was cited not to open, but to close that parliamentary meeting. Or as health committee chairperson Sibongiseni Dhlomo put it in an official statement:

“The nature of a teleconference means that members of the media and the public cannot be part of it”. 

But that’s not how Parliament works. Section 59 of the Constitution requires the national legislature to hold open meetings in public — and its own rules that require permission for a closed meeting from the presiding officers.

The Parliamentary Press Gallery Association (PGA) successfully took up this closure by teleconferencing in a complaint to House Chairperson for Committees Cedric Frolick. The meeting was ordered to be open. And from 6pm on Good Friday, MPs, Health Minister Zweli Mkhize, officials and journalists were part of the first virtual parliamentary committee meeting. Acting Secretary to Parliament Baby Tyawa listened in as did Frolick and communications staff.

Four days later, Tuesday’s virtual Chief Whips’ Forum decided to support Speaker Thandi Modise’s push for such virtual meetings particularly for committees directly affected by lockdown measures. According to an official statement on this Chief Whips’ Forum, these include health, police, defence, both basic and higher education, human settlements, water and sanitation, social development, appropriations and finance.

... Parliament’s public statements, said the open letter, had sent “a message of uncritical support for the executive” and indicated a hands-off attitude.

 

Tuesday 14 April had been the date for MPs to return from a three-week constituency recess, but by then the lockdown had been extended to the end of April, and parliamentarians stayed away from the national legislature precinct, as staff continue to work from home.

Oversight and monitoring had continued, according to a statement on 4 April from Deputy Speaker Lechesa Tsenoli.

“Individual MPs and political parties also had a role to play at this crucial time and should continue with their individual oversight work in their constituencies and in the communities where they live,” he said in turning down DA interim leader John Steenhuisen’s request for a dedicated lockdown oversight ad hoc committee.

But by 10 April Modise had received at least three letters from civil society organisations questioning why Parliament, and provincial legislatures, were not in session to ensure oversight over the extensive executive powers allowed under the Covid-19 lockdown.

A group of 18 civil society organisations, including Corruption Watch, Dullah Omar Institute at the University of the Western Cape, Helen Suzman Foundation, Equal Education, R2K Campaign, Lawyers for Human Rights, Lorna Mlofana Parents’ Movement, Social Change Assistance Monitor, on 10 April again wrote an open letter to Modise.

“The principle of separation of powers requires that Parliament and provincial legislatures not render themselves mere spectators to executive power during the state of disaster…” said this latest open letter after previous communication dated 3 April and 25 March, did not solicit responses beyond acknowledgements of receipt.

“We caution that in so far as Parliament and the legislatures absent themselves from their mandate of conducting oversight over the executive during this crisis, civil society and ordinary citizens assume this burden.”

To date Parliament’s public statements, said the open letter, had sent “a message of uncritical support for the executive” and indicated a hands-off attitude.

The Council for the Advancement of the South African Constitution (Casac) on 2 April wrote to Modise to point out that while Parliament said MPs would fulfil their constitutional responsibilities in constituencies, no guidance or direction was given.

“At the very least, those committees that oversee government departments and organs of state that are in the front line of tackling the pandemic should be meeting…” wrote Casac Executive Secretary Lawson Naidoo.

“We believe it is imperative that Parliament convene a committee or committees of Parliament in order to exercise appropriate oversight during this difficult time, and that urgent steps are taken in this regard immediately.”

Reports of heavy-handed policing by SAPS and soldiers emerged soon after the lockdown began on 27 March, followed by chaotic social grant disbursement and, more recently, failure to supply health workers adequate personal protective equipment.

A broad-sweep look at official committee statements during lockdown shows overwhelming support of ministerial actions, usually expressed as welcoming and applauding. Only the police and defence committees stand somewhat apart: in three statements, including a joint one, the committee chairpersons expressed concern over reported security service’s brutality.

But police committee oversight floundered when only the DA was available with the ANC, EFF and IFP citing unavailability due to constituency work, according to a statement on 9 April by police committee chairperson Tina Joemat-Pettersson. “The committee views the matter as urgent and will place it on the agenda for the first meeting when it reconvenes.”

From Tuesday’s Chief Whips’ Forum decision, it seems there’s nothing in the way of the police committee, or any other committee to reconvene. All will be in place from next week, as Daily Maverick understands, so IT capacity is finalised.

Asked for comment on virtual meetings and oversight, Parliament’s spokesperson Moloto Mothapo indicated work had continued, both remotely and in constituencies.

“Even during the constituency period and suspension of Parliament, committee chairpersons and other MPs have been individually working hard publicly monitoring the implementation of Covid-19 regulations and other oversight matters,” said Mothapo.

“The presiding officers and other leaders of Parliament have been working hard behind the scenes to ensure Parliament intensify its business during the lockdown and social distancing periods, and will brief the media this week.”

At Thursday’s briefing by presiding officers, it emerged that plans are underway to ensure Budget votes are dealt with, even if as the finance minister recently indicated major revisions are made.

On legislation – some 19 Bills are before the national legislature –committees would have to prioritise.

Modise said once the lockdown is lifted, a phased return by Parliament is planned. “If the lockdown is called off, we can’t all rush back to work. We need to take precautions (to prevent reinfection).

The ANC parliamentary caucus on Wednesday welcomed the move to virtual meetings as feedback from its 195 constituency offices countrywide is being compiled.

“During the previous Sassa social grant payment period, ANC MPs were at the coalface. Similarly, with the social relief efforts at community level,” said ANC Chief Whip Pemmy Majodina’s spokesperson Nomfanelo Kota. “MPs have been at the forefront of ensuring adherence and compliance with lockdown regulations and their feedback is consolidated and transmitted to the (national) command council by the chief whip regularly.”

 

Budget-related public hearings set for 6 May were cancelled by the National Council of Provinces (NCOP) appropriations committee on Wednesday.

 

DA Chief Whip Natasha Mazzone said the party’s MPs had identified challenges and problems during their constituency work, including lack of physical distancing at social grant pay points. MPs’ feedback is compiled and discussed at the twice-a-week meetings of the DA’s shadow cabinet.

“The pandemic is not an excuse for Parliament to shirk its responsibilities…” said Mazzone in an earlier statement, welcoming Parliament going virtual. “(N)ow more than ever, Parliament has to ensure that those, who flagrantly and intentionally abuse their power and privilege, in the belief that they would never reap the consequences, are held to account.”

IFP Chief Whip Narend Singh said a programming committee would chart the details regarding virtual meetings, and even question sessions in the House.

“At least we’ll get Parliament moving again. We’ll get accountability.”

But just as going virtual seems a done deal — a retreat.

Budget-related public hearings set for 6 May were cancelled by the National Council of Provinces (NCOP) appropriations committee on Wednesday. “(D)ue to lockdown and its impact on the committee’s programme, the committee has resolved to cancel the scheduled public hearings. The committee will indicate if it decides otherwise after receiving the written submissions,” said committee chairperson Dikeledi Mahlangu in a statement.

Such a decision limits full oversight and transparency: written submissions are not published as such, and parliamentarians are unable to interrogate the people making the submissions.

That Parliament will be under pressure is clear. Traditionally, the weeks from May to July are intense, with scrutiny of departmental strategic and annual performance plans leading up to the Budget vote debates. Never mind key work to finalising the constitutional amendment to expressly allow for expropriation without compensation — public hearings remain unfinished — and also lawmaking like the National Health Insurance.

The Covid-19 lockdown ultimately will end — and Parliament will be measured on how it conducted itself. DM

* This article was updated on 16 April at 3.25pm