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400Kb ~ 2 min (33 pages) - SARPN

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while opposition MPs regard it as an unambiguous failure of the NationalAssembly to fulfill its constitutional role. The former Speaker alsoacknowledged that the handling of this particular inquiry had complicated if notcompromised the Assembly’s capacity in this area. Several key ANC chairsalso expressed the view that now that most of the ANC’s legislative programmehas been translated into law, there is a need for the National Assembly toexpand its oversight role. One might add that given the do<strong>min</strong>ance of theANC, and the fact that it is now into its second decade in power (with the likelytendencies towards corruption that occurs when one party is in power for a longtime), the need for are more systematic and expanded effort at oversight ismanifest. It is also clear that neither SCOPA or the individual portfoliocommittees will become more proactive in this task unless given the green lightby the Working Committee. The same can be said in the role of the NationalAssembly in approving major appoints made by the executive such as theappointment of <strong>min</strong>isters, judges, heads of state-owned corporations,commissions of inquiry etc. So long as the President has the unfetteredauthority to make such appointments on his own, the power of the legislature isdi<strong>min</strong>ished.Fulfilling its oversight role also involves the capacity and opportunity of theNational Assembly to question executive policies. The Government of SouthAfrica’s policy on HIV/AIDS is perhaps the biggest and most controversialissue in this regard. Many ANC MPs are extremely disappointed with thegovernment’s approach, and indeed have said so within the study group for theportfolio committee on health. Here again, if the ruling party is deter<strong>min</strong>ed toclamp down on or contain “dissent”, it is in a position to do so.By all accounts the National Assembly is also a marginal player with respect tothe budgetary process. While the Finance Committee is highly respected, itdoes not impact on the budget because the executive is firm in its pursuit ofprudent macro-economic policy, and thus insists on maintaining theCommonwealth tradition that the executive alone sets the budget. While onesign of an independent legislature is its ability to both set its own budget andreallocate the budget prepared by the Ministry of Finance, such independence isunlikely to occur in South Africa anytime soon. This is in marked contrast toKenya and Uganda where the legislature has established a parliamentary budgetoffice for this purpose, and in Ghana and Tanzania where the idea ofestablishing such an office is gaining support among members of thebackbench.Assembly. The case is regarded as a major failure on the part of the ANC to respect thework of the Assembly.22

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