Protector may be interfering: ANC

2011-12-08 21:04
Cape Town - It appears Public Protector Thuli Madonsela may be interfering in Parliament's legislative process, the ANC said on Thursday.

The ANC was concerned over recent correspondence she sent to the speaker of the National Assembly about the protection of state information bill, ANC Chief Whip Mathole Motshekga said in a statement.

This dealt with the non-inclusion of a public interest defence clause in the bill approved by the National Assembly last month.

Madonsela's office had also been quoted in the media as expressing concern over the bill and indicating that it would investigate the absence of a public interest defence in the bill if a complaint was made.

"If media reports are correct, then the public protector appears to interfere in Parliament's legislative process by questioning and threatening to investigate the institution's legislative decisions," Motshekga said.

"The action of the public protector worryingly implies that Parliament is accountable to the office of the public protector, when in fact the opposite is true in terms of the Constitution."

Accountable to Parliament

All state institutions supporting constitutional democracy, including Madonsela's office, were accountable to Parliament.

"In this regard, and if the media reports are anything to go by, the public protector's action is at odds with the Constitution and strongly suggests that she has over-extended her authority," Motshekga said.

No one had the right to interfere in the business of Parliament except in accordance with the Constitution and the rules of Parliament itself.

As a Chapter 9 institution, the office of the public protector had the right to make submissions on draft legislation before Parliament.

However, a Chapter 9 institution could not question Parliament's legislative decisions or meddle in Parliament's law-making processes, he said.

"Writing to the speaker expressing concern on the legislative process or decision is bizarre, as the speaker cannot be held responsible for or [be] expected to explain legislative decision of the assembly," Motshekga said.

"As the head of the institution, the speaker's function is to facilitate the legislative processes, not to justify or clarify the decisions that political parties or members of the assembly make on legislation.

Motshekga added: "We are, however, hopeful that now that the public protector's office has shown interest in this bill, it will prepare proposals on the bill for submission to the National Council of Provinces’ ad hoc committee when it opens its public consultations drive [on the bill]."

Madonsela's spokesperson was not immediately available for comment.
- SAPA
Read more on:    anc  |  thuli madonsela  |  legislation  |  info bill
NEXT ON NEWS24X

Three OD near Randburg mall

2014-12-18 17:11
SHARE:

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
59 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/News
 

This is what South Africans Googled in 2014!

Find out who and what South Africans were most curious about in 2014!

 
 

I love summer.24

This hilarious song is your new holiday anthem
The world's least visited destination is breathtaking!
LOL treadmill fail!
Google’s top searches of 2014

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Kalahari.com - shop online today

2DAYS ONLY – 30% off Appliances

Coffee makers, blenders, fans, juicers and more. T&Cs apply. Shop now!

2 DAYS ONLY – 40% off books

Get 40% off when you buy 2 books. For two days only! T&Cs apply. Buy now!

Up to 50% off on outdoor gear

Save on chairs, blankets, cooler bags, umbrellas and more. Shop now!

Save on Samsung

Cameras, mobile phones, TVs, Tablets and more. While stocks last. Shop now!

Grand Theft Auto 5

Now available on PS4, Xbox One and PC from R649. Buy now!

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Horoscopes
Aquarius
Aquarius

Any chance to explore the distant shores of things yet to be found will fascinate you. The challenge is dealing with the issues...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.