MPs draw line in sand over Sisulu reports
01 September 2010
Business Day
Cape Town: Parliament's defence committee has thrown down the gauntlet to Defence Minister Lindiwe Sisulu and the Cabinet by giving them 30 days to come up with contested reports on conditions in the defence force and suspending work on the Defence Amendment Bill.
It is unprecedented in the history of SA's democratic era for a committee to suspend work on a bill until the executive has supplied it with documents. The suspension of work on the bill will require Parliament to grant an extension to the committee and will also delay legislation, which Ms Sisulu deems urgently needed.
This latest development in the legal wrangle between the committee and the ministry comes after a ruling from National Assembly speaker Max Sisulu that the committee has the right to demand reports of the Interim National Defence Force Service Commission but that the Cabinet should be allowed to consider the reports before any action is taken.
The reports from the interim commission have described service conditions in the defence force as a ticking time bomb and a potential threat to national security. The committee has insisted it needs access to the reports to process the bill.
The bill intends to create a permanent National Defence Force Service Commission to make recommendations to the m inister on service conditions in the military.
When the committee met yesterday it considered a letter from Parliament's house chairman, Obed Bapela, who had proposed Ms Sisulu be given time to "consult Cabinet on the reports" before it continued its work on the Defence Amendment Bill. The committee took him at his word and gave Ms Sisulu and the Cabinet 30 days in which to supply the documents.
It said if it does not receive the documents, it will use its constitutional powers to force the issue.
Mr Bapela said in his letter that he met the leader of government business, Deputy President Kgalema Motlanthe , and Ms Sisulu, and was assured the committee will be given the reports once they have been processed by the Cabinet.
The reports were handed to the minister almost a year ago and it is unclear why they have taken so long to process. Democratic Alliance (DA) MP David Maynier proposed the committee adopt a resolution giving the Cabinet a deadline.
His suggestion of two weeks was extended to four.
ANC chairman of the committee Mnyamezeli Booi said that, practically, the committee cannot continue its work on the bill until it has the reports. He said the committee is being handicapped by the fact that the Cabinet has not finalised the reports.
The committee is also considering a debate in the National Assembly so that other committees can learn from its experience. "It is a hard lesson and has never happened before," Mr Booi said.
Keywords: parliamentary oversight, executive, South Africa
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