Standing Committee on Chapter 9’s needed for independent funding model
30 April 2015
Yesterday the Public Protector and the South African Human Rights Commission (SAHRC) appeared before the Portfolio Committee on Justice and Correctional Services to brief the Committee on the budgetary constraints and the need for more funds to be released to better capacitate these bodies to carry out their respective constitutional mandates.
The difference in approach to these two bodies by the Chairperson of the Portfolio Committee on Justice and Correctional Services, Dr Mathole Motskega, was considerable but it is crystal clear that it is high-time Chapter 9 institutions were funded independently of government departments.
Therefore the DA, in addition to moving a motion of no confidence in Dr Motshekga, calls for Parliament’s Rules Committee to establish a Standing Committee on Chapter 9 institutions and Institutions Supporting Constitutional Democracy, so that these institutions can be funded directly by Parliament and not by a politically expedient Executive, as is currently the case. If the ANC then wishes to deny the Public Protector funding, they can do so in full view of the opposition and the public.
Dr Motshekga and the ANC in the Committee have demonstrated that they lack the political will to meaningfully address this issue. In yesterday’s sitting of the Committee he abused his power as the Chair and frustrated the ventilation of critical issues about the budgetary constraints of the Public Protector. The Public Protector indicated that her office would need at least R200 million more per year to capacitate her office. The ANC in Parliament refused to entertain this request and chose to hurl personal attacks.
The SAHRC raised similar budgetary concerns that the lack of funds hamstrung their ability to do their work fully.
Additionally, Dr Motshekga blocked all attempts to interrogate why the remedial action from the 2008 SAHRC xenophobia attacks was not enforced. The Chairperson also shut down the meeting when members attempted to request an investigation be instituted into the reckless comments made by King Zwelithini on the issue of Xenophobia, after making a bizarre opening statement in this regard.
Given the attempts by the ANC and its representatives in Parliament to undermine constitutional bodies, it is clear that these institutions like most other Chapter 9 institutions will not be capacitated as required. This serves the ANC in government who we have come to expect this kind of institutional erosion from.
This is all in an effort to ensure the Public Protector and the SAHRC’s effectiveness is curtailed and that high-ranking government officials, and those close to them, are shielded from scrutiny.
That the ANC and its elected representatives in government have shown complete contempt for Chapter 9 institutions is reprehensible. Most notably, the ANC has outright refused to give meaning to the remedial action outlined in her Nkandla report.
We must safeguard the independence and investigative capacity of the Public Protector, the SAHRC and other Chapter 9 institutions. President Zuma and the ANC would love nothing more than for Chapter 9’s to be rendered toothless and effectively unable investigate corruption perpetrated at the hands of the Executive.
All Chapter 9 institutions must be appropriately resourced to be able to investigate every instance of corruption or misconduct. The first step is ensuring that their budget comes from Parliament, and not from the Executive who will manipulate the purse strings to achieve its own unsavoury political ends.
Statement issued by Adv Glynnis Breytenbach MP, DA Shadow Minister of Justice, April 30 2015
