The Collaborative Framework of South Africa's Parliament and Provincial Legislatures
About the Parliament of South Africa. Written on September, 2022
Introduction
In a rapidly evolving world, the importance of cooperation in political and governmental processes cannot be overstated. Political systems must adapt to changing circumstances, and one of the most significant adaptations in recent years has been the trend towards greater collaboration and cooperation between different political entities. With the advent of democracy and the need for public involvement, the South African Parliament and Provincial Legislatures have formed a cooperative relationship. This unique bond is characterised by the sharing of best practices, collaborative innovation, and a mutual dedication to developing the legislative sector. This essay will critically analyse the environment of collaboration between the South African Parliament and Provincial Legislatures, focusing on the principles, structures, and achievements of this cooperative system.
Cooperative Governance and Constitutional Mandate
South Africa's Constitution is the bedrock of its cooperative governance system. It acts as the overarching guideline that unites the national and provincial spheres of government. South Africa is identified as a unitary state but it uniquely embodies elements of federalism, effectively creating a hybrid system of governance. Each province in this system possesses unique rights and preferences that need to be respected and protected.
One of the vital sections of the Constitution, Section 40, dictates the principles that the legislative sector must follow. These principles revolve around working together, avoiding legal proceedings against each other, establishing common procedures, and coordinating law-making mandates. The section also emphasises the importance of informing and consulting one another on issues of common interest.
The South African legislative sector has a mechanism for cooperation embodied in a Memorandum of Understanding. Further, there is a draft bill in process that seeks to formally enact inter-parliamentary cooperation, further cementing this collaboration.
The Role of the Legislative Sector Support and its Objectives
The Legislative Sector Support (LSS) plays a crucial role in coordinating the legislative sector. Positioned within the parliament of South Africa, the LSS oversees the mandate of bringing together the Parliament and Provincial Legislatures. Their primary objectives include the development of the sector through institutional development and promoting collaboration.
The idea of the sector approach was formally introduced in 2008, despite legislatures having cooperated since the advent of democracy in 1996. The intention was to formalise this cooperation and document it appropriately. The LSS carries out its mandate through coordinated structures and common programmes. It also implements shared projects, develops legislative institutions' capacity, and fosters shared learning and best practices.
Furthermore, the LSS aims to inspire a dynamic, motivated team within the sector that is dedicated to driving its mandate. This involves creating an environment that promotes innovation, especially in light of modern challenges such as the COVID-19 pandemic, which has necessitated the digitisation of the sector's work.
Sector Strategy, Achievements, and Challenges
The legislative sector's vision is to build a capable and strong legislative sector that realises an open, responsive, and accountable government. This vision ties in with the National Development Plan (NDP) of South Africa, which was developed 15 years ago with a target set for 2030.
One of the significant achievements of the legislative sector is the development of common norms and standards. This was in response to the need for public involvement, a constitutional requirement. A strategic public participation framework was established to define levels of participation and involvement, ensuring public education before passing any form of legislation.
However, this strategic framework has faced challenges, particularly in reaching diverse South African constituents who may lack literacy or capabilities. The pandemic has further exacerbated this, necessitating the adaptation of techniques for public involvement, including adopting virtual platforms for consultation and live streaming.
The sector also had to adapt its rules and procedures to accommodate virtual and hybrid meetings. While these adaptations have been somewhat effective, the sector faces challenges in ensuring that all citizens have equal access to these platforms. This is due to the digital divide in South Africa, where many citizens in rural areas and disadvantaged communities lack access to reliable internet and digital technology.
Another notable achievement of the legislative sector is the establishment of the Parliamentary Budget Office (PBO). The PBO provides independent, objective, and professional advice and analysis to Parliament on matters related to the budget and other money bills. This has significantly enhanced the financial oversight capabilities of the legislative sector.
Despite these successes, the legislative sector continues to face numerous challenges. Among these, one of the most significant is the issue of accountability. While the principles of cooperative governance mandate mutual respect and consultation, they also need to ensure that individual spheres of government are held accountable for their actions. Striking the right balance between cooperation and accountability remains a significant challenge for the sector.
Conclusion
The South African Parliament and Provincial Legislatures' collaborative framework is a testament to the power of cooperation in achieving common goals. While significant strides have been made towards creating a more open, responsive, and accountable government, numerous challenges remain.
These challenges, however, are not insurmountable. With the continued dedication of the legislative sector to its principles of cooperation, the constant adaptation to changing circumstances, and the pursuit of innovative solutions, the vision of a robust and capable legislative sector can be fully realised. As South Africa continues on its democratic journey, the collaborative framework between its Parliament and Provincial Legislatures will undoubtedly continue to play a pivotal role in shaping the country's future.