{"id":199706,"date":"2021-08-26T03:13:21","date_gmt":"2021-08-26T01:13:21","guid":{"rendered":"https:\/\/www.myza.co.za\/south-africas-new-speaker-of-parliament-has-sparked-controversy-for-good-reason\/"},"modified":"2021-08-26T03:13:21","modified_gmt":"2021-08-26T01:13:21","slug":"south-africas-new-speaker-of-parliament-has-sparked-controversy-for-good-reason","status":"publish","type":"post","link":"https:\/\/www.myza.co.za\/press\/south-africas-new-speaker-of-parliament-has-sparked-controversy-for-good-reason\/","title":{"rendered":"South Africa&#8217;s new Speaker of parliament has sparked controversy \u2013 for good reason"},"content":{"rendered":"<div><img decoding=\"async\" src=\"http:\/\/www.myza.co.za\/press\/wp-content\/uploads\/2021\/08\/south-africas-new-speaker-of-parliament-has-sparked-controversy-for-good-reason.jpg\" class=\"ff-og-image-inserted\"><\/div>\n<p>On Thursday 19 August the members of South Africa\u2019s National Assembly convened physically <a href=\"https:\/\/www.parliament.gov.za\/press-releases\/national-assembly-elects-ms-nosiviwe-mapisa-nqakula-speaker\">for the first time in a while<\/a>. They met in several locations in parliament to achieve sufficient distancing in the pandemic. And there was only one item on the order paper: the election of a Speaker. <\/p>\n<p>This was duly done and the former minister of defence, Nosiviwe Mapisa-Nqakula, was <a href=\"https:\/\/www.dailymaverick.co.za\/article\/2021-08-19-new-national-assembly-speaker-nosiviwe-mapisa-nqakula-extends-hand-of-cooperation-to-all\/\">elected to the office<\/a>. <\/p>\n<p>The Speaker in South Africa presides over proceedings in the National Assembly. They also are the titular head of parliament as a whole, including the <a href=\"https:\/\/www.parliament.gov.za\/national-council-provinces\">National Council of Provinces<\/a>. The Speaker is elected by a majority of members of the assembly, and may be removed in the same way. <\/p>\n<p>The Speaker is responsible for providing political leadership and strategic direction to the National Assembly. And they should do so in a nonpartisan manner. <\/p>\n<p>Why was this an important temperature check for the state of health of South Africa\u2019s constitutional democracy?<\/p>\n<p>This question must be answered against the background of the ingrained identity politics which characterise the country\u2019s long history of racial oppression and its <a href=\"https:\/\/origins.osu.edu\/sites\/origins.osu.edu\/files\/origins-archive\/Volume2Issue2Article3.pdf\">relatively recent reversal<\/a>. It would, therefore, have been unrealistic in the first years of democracy to expect conscientious adherence to the unwritten rules and conventional spirit that ideally should prevail in parliament. But the expectation was that this would gradually be achieved. <\/p>\n<p>Indeed, those who served in the position immediately after the country\u2019s first democratic election <a href=\"https:\/\/www.sahistory.org.za\/article\/south-african-general-elections-1994\">in 1994<\/a> did so with distinction. However, over most of the past 15 years the Speaker has been both weak and partisan, and was responsible for allowing the executive, particularly that of former president Jacob Zuma, to conduct themselves in ways that have brought the government into disrepute.<\/p>\n<p>The election of the new Speaker was thus a significant moment for the governing African National Congress (ANC) to show that it was moving away from its <a href=\"https:\/\/theconversation.com\/why-the-anc-itself-is-the-chief-impediment-to-ramaphosas-agenda-108781\">\u201cwasted years\u201d<\/a> under Zuma.<\/p>\n<p>It failed the test. Mapisa-Nqakula\u2019s elevation to this significant constitutional office reflects extremely poorly on the party leadership. It contrasts starkly with President Cyril Ramaphosa\u2019s oft-stated commitment to uncorrupt governance and to the <a href=\"https:\/\/www.gov.za\/speeches\/president-cyril-ramaphosa-2018-state-nation-address-16-feb-2018-0000\">values of the constitution<\/a>.<\/p>\n<h2>A brief history of the role<\/h2>\n<p>The title given to the highest authority in parliament originated in the English parliament in the late 1300s. It then described the person who \u201cspoke\u201d on behalf of the monarch. After the <a href=\"https:\/\/eh.net\/encyclopedia\/the-glorious-revolution-of-1688\/\">\u201cGlorious Revolution\u201d of 1688<\/a>, the Speaker became the presiding officer in the House of Commons. <\/p>\n<p>South Africa inherited that office and title as a former British colony, together with almost all other members of the <a href=\"https:\/\/thecommonwealth.org\/\">Commonwealth<\/a>. <\/p>\n<p>Any legislature needs someone to chair its proceedings, to manage and administer the support services, to oversee the exercise of discipline among its members, and to represent it in discussions with the executive and judicial arms of government.<\/p>\n<p>Various approaches are taken towards the impartiality and independence of the office of Speaker. <\/p>\n<p>In the UK, an MP is elected as Speaker immediately <a href=\"https:\/\/www.parliament.uk\/about\/faqs\/house-of-commons-faqs\/speakers-election\/\">after a general election<\/a>. The person is generally a member of the governing party, but does not have to be. On election the MP ceases to be a member of the party caucus. <\/p>\n<p>In the US the <a href=\"https:\/\/history.house.gov\/People\/Office\/Speakers-Intro\/\">Speaker of the House of Representatives<\/a> is drawn from the senior ranks of the majority party in the lower house of Congress. They play a partisan role, balanced with a degree of fair play towards all members of the house. <\/p>\n<p>Most other national constitutions position their equivalent of the Speaker between these two approaches.<\/p>\n<h2>What the job entails<\/h2>\n<p>As the parliamentary <a href=\"https:\/\/www.parliament.gov.za\/na-presiding-officers\">website <\/a> provides, the Speaker\u2019s responsibilities include:<\/p>\n<ul>\n<li>\n<p>preserving parliamentary integrity and the decorum of the house, <\/p>\n<\/li>\n<li>\n<p>ensuring the smooth running of legislative business and the functioning of committees, <\/p>\n<\/li>\n<li>\n<p>presiding impartially over sittings and maintaining order. <\/p>\n<\/li>\n<\/ul>\n<p>The Speaker represents parliament as a whole. Their responsibilities include ensuring sufficient budget for its activities, monitoring expenditure and the provision of support for all MPs, and initiating or responding to any litigation in the courts. <\/p>\n<p>In terms of South Africa\u2019s <a href=\"https:\/\/www.justice.gov.za\/legislation\/constitution\/saconstitution-web-eng.pdf\">constitution<\/a>, the Speaker heads the legislative branch of government, and should act as its champion at all times, both nationally and internationally. This is particularly the case in its relationship with the executive.<\/p>\n<p>Effective fulfilment of all these functions requires a highly efficient, dignified, respected and wise MP. The experience of the past 27 years has been patchy.<\/p>\n<h2>Rollcall of speakers<\/h2>\n<p>An exemplary start was made by <a href=\"https:\/\/www.sahistory.org.za\/people\/dr-frene-noshir-ginwala\">Frene Ginwala<\/a>, who served for the first decade of democratic government. She ruled with a firm yet fair hand, and presided over many initiatives to transform parliament from its lapdog role under apartheid to the vision set in the constitution. The ideal is that parliament represents the electorate and also plays an effective role in regulating the exercise of executive power. <\/p>\n<p><a href=\"https:\/\/www.gov.za\/speech-max-sisulu-mp-speaker-national-assembly-ceremonial-court-session-honour-late-former-chief\">Max Sisulu<\/a> (2009-2014) and latterly <a href=\"https:\/\/www.pa.org.za\/person\/thandi-modise\/\">Thandi Modise<\/a> (2019-2021) broadly followed the Ginwala approach. <\/p>\n<p>Regrettably, the double tenure (2004-2008 and 2014-2019) of <a href=\"https:\/\/www.gov.za\/about-government\/contact-directory\/baleka-mbete-honourable\">Baleka Mbete<\/a> fell far short of the expectations of the Speaker\u2019s office. On her watch, particularly in her second term, she was frequently accused of treating opposition MPs less favourably than government MPs. She was also accused of <a href=\"https:\/\/issafrica.org\/iss-today\/can-sas-parliament-redeem-itself-as-an-oversight-mechanism\">blocking parliamentary investigations<\/a> into actions of the ruling ANC, in particular Zuma. <\/p>\n<p>Indeed, in May this year, she testified at the Zondo Commission into state capture that she had <a href=\"https:\/\/www.businesslive.co.za\/bd\/national\/2021-05-18-i-ignored-authorless-arms-deal-report-and-would-do-it-again-says-baleka-mbete\/\">ignored an anonymous whistle-blower\u2019s report alleging corruption<\/a> in 2007. And, she said, if called upon to decide how to respond to any such report today, she would do so again.<\/p>\n<h2>Flawed system<\/h2>\n<p>The problems surrounding the role of the Speaker in South Africa are rooted in the autocratic racism of our past. The ability to transcend it is eroded by <a href=\"https:\/\/theconversation.com\/south-africa-is-ripe-for-electoral-reform-why-its-time-might-have-come-157149\">the electoral system <\/a> and by the organising principle of the ANC. <\/p>\n<p>The <a href=\"https:\/\/www.elections.org.za\/content\/Elections\/Election-types\/\">party-list proportional representation model<\/a> means that only loyal party members will be elected to any legislature in the country. This leads to the tendency to put party interests before those of the country. <\/p>\n<p>This is substantially compounded by the <a href=\"https:\/\/www.researchgate.net\/publication\/248962959_The_Lack_of_Internal_Party_Democracy_in_the_African_National_Congress_A_Threat_to_the_Consolidation_of_Democracy_in_South_Africa\">\u201cdemocratic centralist\u201d<\/a> basis on which the ANC is modelled. This approach maintains that a degree of disagreement and debate is tolerated within closed party meetings, but that, once a decision or policy is adopted by the majority, every party member has to adhere uncritically to that line. <\/p>\n<p>The consequences for any Speaker are self-evident.<\/p>\n<p>By definition, someone who is appointed as Speaker will be a senior member of the ruling party, steeped in its history, culture and traditions. This is unacceptably reinforced when the Speaker remains an office bearer of the party, as was seen with Mbete, who was national shairperson of the ANC while serving as Speaker. <\/p>\n<p>Mapisa-Nqakula was elected to serve as Speaker after being dropped from the cabinet following an utterly undistinguished period of 15 years <a href=\"https:\/\/www.news24.com\/news24\/southafrica\/news\/from-fired-minister-to-speaker-of-parliament-mapisa-nqakula-is-ancs-candidate-20210811\">as a cabinet minister in three portfolios<\/a>. She is herself the subject of investigation by a committee of Parliament for <a href=\"https:\/\/www.news24.com\/news24\/southafrica\/investigations\/exclusive-jets-hotels-and-wigs-mps-investigate-graft-allegations-against-nosiviwe-mapisa-nqakula-20210819\">alleged unethical conduct<\/a>. And she\u2019s been under a cloud for unaccountable and suspect misuse of her authority a number of times. <\/p>\n<p>Parliament\u2019s <a href=\"https:\/\/www.news24.com\/news24\/southafrica\/news\/opposition-parties-distance-themselves-from-thandi-modises-apology-to-zondo-commission-20210602\">failure<\/a> to hold the Zuma administration to account has been graphically and repeatedly illustrated in evidence to the <a href=\"https:\/\/www.statecapture.org.za\/\">Zondo commission<\/a>. Given this shockingly delinquent failure by parliament to fulfil its constitutional obligations, the prospects are at best bleak of the new Speaker tolerating, let alone initiating, any more active and effective scrutiny in the next few years. <\/p>\n<p>The temperature check reveals an ailing system of public governance, unable to shift from the burdens of the past.<\/p>\n<p> <a href=\"https:\/\/theconversation.com\/africa\/\">Source: The Conversation<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>On Thursday 19 August the members of South Africa\u2019s National Assembly convened physically for the first time in a while. They met in several locations in parliament to achieve sufficient distancing in the pandemic. And there was only one item on the order paper: the election of a Speaker. This was duly done and the [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":199707,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_genesis_hide_title":false,"_genesis_hide_breadcrumbs":false,"_genesis_hide_singular_image":false,"_genesis_hide_footer_widgets":false,"_genesis_custom_body_class":"","_genesis_custom_post_class":"","_genesis_layout":"","ngg_post_thumbnail":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[4584],"tags":[3257],"class_list":{"0":"post-199706","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-africa-news-2","8":"tag-mypr","9":"entry"},"jetpack_publicize_connections":[],"jetpack_featured_media_url":"https:\/\/www.myza.co.za\/press\/wp-content\/uploads\/2021\/08\/south-africas-new-speaker-of-parliament-has-sparked-controversy-for-good-reason.jpg","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/posts\/199706","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/comments?post=199706"}],"version-history":[{"count":0,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/posts\/199706\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/media\/199707"}],"wp:attachment":[{"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/media?parent=199706"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/categories?post=199706"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/tags?post=199706"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}