PRESENTATION ON THE SADC PF/ SADC PARLIAMENT

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PRESENTATION ON THE SADC PF/ SADC PARLIAMENT

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• Presented by Dudu Lenzie on behalf of the
  Parliamentary Legal Services Office

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Purpose of the Presentation

• provide a brief background on the SADC PF
• Re-introduce the discussion on the establishment
  of the SADC Parliament
• Assist Members to formulate a coherent RSA policy
  position on the SADC Parliament
• Assist Members in mapping the way forward

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BACKGROUND (Windhoek Initiative)

• 1992 Aug- SADC Treaty signed
• 1993 Sep- SADC Treaty came into operation
• 1993 Oct- Speakers, Dep. Speakers,
  Parliamentarians and reps of the SADC member
  states meet in a consultative meeting to discuss
  the involvement of the reps of the peoples of the
  SADC countries
• From the meeting, a resolution is taken to
  establish the SADC Parliamentary Forum

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Background (Cont)

• 1995 May- adoption of the draft Constitution for
  the SADC PF
• 1996 Jun- SADC PF Launched as an autonomous organ
  of SADC
• 1997 Sep- SADC Summit of HOS approved the
  establishment of SADC PF under article 9(2) or
  article 10(6) of SADC Treaty

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MISSION OF THE SADC PF

• To bring about convergence of economic,
  political, and social values in SADC and help
  create the appropriate environment for deeper
  regional cooperation through popular
  participation of the peoples of SADC.

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ROLE OF THE SADC PF

• To strengthen the implementation capacity of SADC
  by involving the representatives of the peoples
  of SADC (Preamble)
• The SADC PF Constitution recognizes that the PF
  will evolve into a regional parliamentary
  structure.

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OBJECTIVES

• Strengthen implementation capacity of SADC by
  involving Parliamentarians in SADC Activities
• Facilitate the effective implementation of SADC
  policies and activities
• Promote principles of human rights and democracy
• Familiarize the peoples of SADC with the aims and
  objectives of SADC
• Inform SADC of popular views on development and
  other issues

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OBJECTIVES (Cont)

• Provide a forum for dialogue on matters of common
  interest
• Promote peace, democracy, security and stability
  by supporting the development of permanent
  conflict resolution mechanisms
• Promote collective self-reliance and economic
  efficiency
• Make recommendations to facilitate the more
  effective and efficient operations of SADC

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OBJECTIVES (Cont)

• Harmonization of laws
• Accelerate economic cooperation and development
  integration
• Encourage good-governance, transparency and
  accountability
• Facilitate networking with other organizations
  for parliamentarians
• Promote the participation of NGOs, business and
  intellectual communities in SADC activities

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MEMBERSHIP OF THE FORUM

• National Parliaments of the SADC member states.
• The Presiding Officer and 4 MPs. Serving for 5
  years
• National Parliament must ensure equitable
  Representation of women Political Parties in
  their Parls. And a chairperson of the National
  Womens Parliamentary Caucus

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ORGANS/STRUCTURE OF PF
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ESTABLISHMENT OF THE SADC PARLIAMENT

• 2003 Apr-May (Livingstone the Plenary Assembly
  resolves to accelarrate the establishment of (or
  the transformation of the PF into) a SADC
  Parliament
• In Line with its Constitution and the decision
  of the SADC Summit of HOS in 1997 (Art 8(3)(b))

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Establishment of the Task Team

• Livingstone meeting also resolved to establish a
  Task-Group of Clerks/Secretaries to Nat.
  Parliaments to
• Examine and advise on the modalities for the
  transformation (make proposals and provide
  options on the transformation)
• Then submit its proposals to National Parliaments
  for consideration and approval

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REPORT OF THE TASK TEAM

• The first meeting of the task team was held in
  May 2003 and its report contained recommendations
  on
• Possible functions of the SADC Parl (Legislative,
  Oversight, Consultative)
• Membership
• Relationships with the Nat. Parls
• Relationship with other SADC Organs
• Legal Instruments for the Transformation/
  Establishment (Art 9(1) v 9(2))

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REPORT OF THE TASK TEAM (Cont)

• October 2003, the 2nd meeting of the Task Team is
  convened in JHB.
• On the basis of the extended mandate, the task
  team prepared
• A Case For the SADC Parliament
• The Draft Protocol
• The Draft Agreement Amending the SADC Treaty

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ADOPTION OF THE TASK TEAM DOCUMENTS

• The 15th Plenary Assembly (Lesotho-2003) adopted
  the three Task Team Docs.
• RSA put on record its reservations as to the
  process for the adoption of the protocol- Nat.
  Parls not given an opportunity to scrutinize the
  draft Protocol before it is presented to the PFs
  Plenary Assembly
• But supports and contributes to the improvement
  of A Case for the SADC Parliament.

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DRAFT PROTOCOL

• Sec 231(1) of the Constitution, 1996 gives the
  prerogative to negotiate sign international
  agreements to the National Executive
• Sec 231(2) provides that international agreements
  bind the RSA only after approval by the NA the
  NCOP, unless as provided for in sec 231(3)

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DRAFT PROTOCOL (Cont)

• For the purposes of the discussion of the
  Protocol, I would like to highlight areas which
  have been controversial so far
• Membership- should it be open to
  non-Parliamentarians?
• Approval of the budget of SADC? (Art 4(1)(e))
• If the enactment of laws will be determined by
  the Summit will it not limit the legislative
  powers of the Parl?(Art 4(1)(h))

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Article 26(2) (3)

• My view is that the formulation of this provision
  will determine whether the envisaged Parliament
  will be the current SADC PF under a different
  name or a newly established body.

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AREAS OF CONCERN

• Process to be followed in the adoption and
  signing of the Protocol (the PAP route is
  suggested)
• Relationship with other organs of SADC
• Relationship with the PAP National Parliaments