The Ineffectualness of Parliamentary Oversight and Accountability Models: Implications on Public Participation and the Passing of Quality Legislation in South Africa

摘要

Post-apartheid South Africa is caught up in multi layered social, economic, cultural and political crises which continues to generate mass and extreme inequalities for black people in general and Africans in particular. Public participation enjoins Parliament to take responsibility for safeguarding the integrity of the participation process, particularly for the poor and the marginalised. Notwithstanding the IPU Report that finds South Africa's established practices on public participation, openness and transparency exemplary, the Speaker of Parliament has questioned the efficacy of the Oversight and Accountability Model as ineffectual as legislation is increasingly found by the courts to be unconstitutional. This speaks to both the constitutionality of the legislation passed, as well as its quality. The poor quality of legislation emanating from the National Assembly is the consequence of inadequate scrutiny by Members of Parliament. Proponents argue that the quality and effectiveness of public participation cannot simply rest on providing a space and an opportunity for submitting comments. Government appears not to seriously assume its accountability and responsibility to Parliament. This paper primarily focuses on the perception that public participation can only be effective if inputs find expression in parliamentary processes. The key question to interrogate is: will the absence of Parliamentarians produce constitutionally sound legislation without scrutiny and professional capacity? The Reports of the Independent Panel Assessment of Parliament and the Oversight and Accountability Model will be examined to highlight the high rate of absenteeism, Parliament's inability to draft credible legislation and the necessity for professional and technical capacity for Members of Parliament.