CONSOLIDATING DEMOCRACY: THE ROLE OF PARLIAMENT IN SOUTH AFRICA’S PEER REVIEW PROCESS

CONSOLIDATING DEMOCRACY: THE ROLE OF PARLIAMENT IN SOUTH AFRICA’S PEER REVIEW PROCESS

A CONCEPT PAPER ON THE ROLE OF PARLIAMENT IN THE AFRICAN PEER REVIEW MECHANISM

November 2005

Consolidating Democracy: The Role of Parliament in South Africa’s Peer Review Process

Glossary of Terms

African Peer Review Mechanism (APRM)	A mutually agreed instrument voluntarily acceded to by the Member States of the African Union (AU) as an African self-monitoring mechanism on democracy, good governance and socio-economic development.
APRM Secretariat (APR Secretariat)	Provides secretarial, technical, coordinating and administrative support for the APRM.
Committee of Participating Heads of State and Government (APR Forum)	The Highest decision-making authority in the APRM.
Country Review Team (APR Team)	A team led by designated member of the Panel of Eminent Persons, which visits the country to review progress on the country’s assessment and programme of action and develops the APRM Report on the country.
Country Support Mission	Assistance from the APR Secretariat regarding the philosophy, rules and processes of the APRM and support for national structures and processes in preparation for the review.
Focal Point	A National structure (or person) designated to head the country assessment process. In South Africa the Focal Point is the minister of Public Service & Administration.
National Peer Review Governing Council (Governing Council)	A Council of government, civil society and business sector representatives, which oversees the country assessment process and develops the self-assessment report and the programme of action.
Panel of Eminent Persons (APR Panel)	Continental panel, which oversees the review process to ensure integrity, considers the country review report and makes recommendations to the APR Forum.

A. Constitutional Role and Place of Parliament: The Interpretation in the Instance of the APRM

Suitable structures and mechanisms to ensure Parliament’s effective participation in South Africa’s peer review process have been formed.

It is imperative that the role of Parliament reflects and upholds the democratic principles of separation of powers and independence of the legislature, which is germane to the APRM process. Furthermore the Constitutional mandate of Parliament to maintain oversight of Executive authority and to facilitate public involvement in its processes must be advanced.

In addition to Parliament’s independent role in the country self-assessment process, Parliament must also oversee the country process. Parliament’s oversight role also becomes critical in monitoring implementation of the programme of action that will emanate from the peer review mechanism and in holding government to account in this regard.

In engaging with the African Peer Review Mechanism (APRM), it became evident that the role of Parliaments in this continental mechanism has not been adequately elaborated. Using the South African context where the independence of Parliament and its oversight of government are constitutionally mandated, to define the active and independent participation of Parliament in the peer review process would contribute significantly to strengthening Parliaments in Africa. South Africa’s contribution to the further development of the APRM is an important consideration in defining our Parliament’s role in our country process.

In defining Parliament’s approach to the country process, careful consideration must be given to avoiding duplication with the process driven by the Peer Review Governing Council. Parliament therefore intends to use the peer review questionnaire as a guideline to focus on strategic issues where Parliament can add value. In particular, the effectiveness and efficiency of Parliament as a democratic institution in South Africa must be reviewed. This will culminate in a Parliamentary report that the Peer Review Team can use together with the country self-assessment report and other relevant documents during their conduction of the peer review and development of the Country Report.

Public participation in Parliament’s process is an obvious imperative. Parliament is ideally placed to broaden public involvement in the peer review process and stimulate public awareness and dialogue on the matters to be reviewed.

Care must be taken not to create confusion amongst the public. Regular sharing of information between Parliament and the National Peer Review Governing Council through the Focal Point is therefore critical to ensure a coordinated, collaborative approach with consistent public messaging.

B. Background

The Country Self-Assessment for the African Peer Review Mechanism Questionnaire forms the basis of South Africa’s peer review.

It is important to note that the Questionnaire serves as a guideline for the country self-assessment. Countries may customise the questionnaire by adding questions or indicators. Furthermore countries may decide not to respond to questions that are deemed not applicable to a particular country’s circumstances.

The questionnaire is divided into four sections containing specific objectives, questions and indicators. A summary of the questionnaire is presented in Annexure 1. The Sections of the questionnaire are:

Democracy & Good Political Governance

Economic Governance and Management

Corporate Governance

Socio-economic Development

The process of self-assessment and review would take approximately nine months to complete (October 2005 to July 2006) and is divided into five stages:

Stage One: A review of the country in terms of the four areas of the questionnaire. The Draft Self-Assessment Report and Draft Programme of Action on key issues identified during the self-assessment is developed for submission to the APR Secretariat. The Draft Self-Assessment Report and Draft Programme of Action are sent to Parliament for comment (December 2005), before finalisation (February 2006). The Secretariat develops an Issue Paper based on the country’s self-assessment report and programme of action and background paper prepared independently by the APR Secretariat. (October 2005 - February 2006). The Issue Paper will highlight the key issues in the country for the furtherance of democracy, good governance and socio-economic development.

Stage Two: Visit by the APR Team for extensive consultations with all stakeholders. The country also consults widely to build consensus on how to respond to the Issue Paper. These consultations include Parliamentarians. Parliament may also have an opportunity to submit comments on the Issue paper to the APR Secretariat and the Focal Point. (February 2006 - April 2006).

Stage Three: The APR Team develops its report based on the consultations conducted with Government, Parliament, civil society, business sector community groups etc., country self-assessment report, and programme of action, Issue Paper and responses thereto. (April 2006 - May 2006).

Stage Four: The APR Team submits its report to the APRM Secretariat and the APR Panel. After deliberation by the Panel, the report is submitted to the APR Forum for consideration and formulation of actions. (May 2006 – June 2006).

Stage Five: Public tabling of the report and related actions. This occurs six months after consideration of the report by the APR Forum. (June 2006 – December 2006).

Parliament should play an active and independent role in the country self-assessment and review. This should include proactive responses to the questionnaire to be submitted to the APR Secretariat and the Focal Point, comment on the final self-assessment report and the programme of action, contributions to the country response to the Issue Paper prepared by the APRM Secretariat, comment on the country report and programme of action issued by the APR Team. The Parliamentary processes should be underpinned by a robust public involvement campaign and public debate on issues/reports to be reviewed. The specific role of Parliament in each of the stages in the country review process is highlighted in Annexure 3.

Parliament must therefore establish suitable structures and mechanisms to effectively participate in South Africa’s peer review process.

C. Structure

Given the short timeframe for the completion of the review process, joint structures must be established in order to streamline the Parliamentary processes. Each of them must have an administrator and a researcher of the highest calibre.

A Joint Coordinating Committee comprising approximately 10 Members will be established. The Coordinating Committee will be under the joint chairpersonship of the Presiding Officers.

The following Joint Ad-hoc Committees each comprising no more than 7 Members, will be established based on the four sections of the questionnaire:

Joint Ad-hoc Committee on Democracy & Good Political Governance

Joint Ad-hoc Committee on Economic Governance & Management

Joint Ad-hoc Committee on Corporate Governance

Joint Ad-hoc Committee on Socio-economic Development

D. Core Functions

Structure	Core Functions
Joint Coordinating Committee	Develop a broad programme for the Joint Ad-hoc Committees that parallels the roadmap for the review process emanating from the broader country process. This includes Parliament’s response to the APR Questionnaire during the Self-Assessment process, Parliament’s comment on the Draft Self-Assessment Report submitted to Parliament by the Focal Point, Parliament’s Comment on the Issue Paper prepared by the APR Secretariat, Parliament’s comment on the Country Report and Programme of Action prepared by the APR Team. Liaison with the Peer Review Governing Council and the Focal Point. Oversee and coordinate the work of the Joint Ad-hoc Committees. Present reports to Parliament. Make Parliamentary submissions to the APR Secretariat and the Focal Point.
Joint Ad Hoc Committees	Develop detailed work plans including public participation activities. Draft comprehensive responses to the specific sections of the peer review questionnaire. Comment on the Draft Country Assessment Report and Draft Programme of Action. Comment on the Issues Paper developed by the APRM Secretariat. Submit reports to the Coordinating Committee.

E. Public awareness & Public Participation concepts

The work of the Joint Coordinating Committee and the Joint Ad-hoc Committees should incorporate the following public awareness and public participation concepts/activities:

Parliamentary Debate

To stimulate public debate and create awareness, Parliament should request the Minister of Public Service and Administration to make a statement in the Houses regarding South Africa’s Peer Review process. This could be followed by a debate in the Houses. The feasibility of this occurring at the earliest opportunity (possibly 13 October 2005) should be investigated. Negotiations should begin to ensure that the debate is broadcast live by the national broadcaster.

Public Awareness Campaign

A comprehensive public awareness campaign should be developed. This should include a radio, audio visual and print media and electronic information provision (Parliament’s website). The public awareness campaign should be supported by an innovative media strategy.

Parliamentary Seminar

Parliament should organise a seminar on South Africa’s self- assessment. The Seminar should included civil society based organisations (including community-based, faith based, and organised labour organisations, youth groups, the elderly, women’s groups etc) research institutes, academics, Chapter 9 and 10 institutions and business sector representatives. The format of the seminar should allow for focussed discussion on specific sections of the Peer Review Questionnaire (Perhaps through Commissions). The Seminar could focus on the role of civil society in furthering democracy, good governance and socio-economic development in South Africa.

Public Hearings and Public Submissions

The Joint Ad Hoc Committees should receive submissions and hold hearings on the specific questions in the Questionnaire. Hearings should include community-based organisations and also be conducted simultaneously by Provincial legislatures, if possible.

Cooperation with Provincial Legislatures and municipalities

Mechanisms should be explored to organise and coordinate programmes in provincial legislatures, municipalities and communities. The feasibility of teleconferencing and videoconferencing should be examined.

F. Programme For the Coordinating Committee and Joint Ad-hoc Committees

Committee	Activity	Timeframe
Joint Coordinating Committee	Presiding Officers request Minister of Public Service & Administration to make statement in Houses	October 2005
	Debate in the Houses on APRM Process and South Africa’s Review	October 2005
	Liaison with the Country Support Mission & facilitation of consultations with Parliamentarians as required. The focus would be on the philosophy, rules and processes of the APRM and the country-specific structures and processes established for the country review.	20-21 October 2005
	Approve public participation strategy	October 2005
	Oversee implementation of public awareness campaign	October 2005 – December 2006
	Consideration of reports from Joint Ad-hoc Committees on responses to the APR questionnaire	November 2005
	Submission of a consolidated Parliamentary report on responses to the APR questionnaire to the APR Secretariat and the Focal Point.	November 2005
	Consideration of reports from the Joint Ad-hoc Committees on comments on the Draft self-Assessment report and Draft Programme of Action	December 2005 – January 2006
	Submission of a consolidated Parliamentary report on comments on the Draft self-Assessment report and Draft Programme of Action to the APR Secretariat and the Focal Point.	February 2006
	Consideration of reports from the Joint Ad-hoc Committees on responses to the Issue Paper	February - March 2006
	Liaison with the APR Team and facilitation of consultations with Parliamentarians as required. The focus of consultations would be on substantive issues related to the country review.	February – April 2006
	Develop parliamentary programme for comment on the final country report and oversight of the programme of action.	December 2006 - ongoing
Joint Ad-hoc Committee on Democracy and Good Political Governance	Conduct an audit to measure the ratification of all International Instruments and Standards.	October 2005
	Conduct an audit of statutes, which deal with human rights, the independence of the Judiciary. (The Committee could commission research on the extent to which the Constitution has afforded protection to the rural and urban poor. This should be accompanied by calls for public submissions on how the Constitution affects them.)	October 2005
	A television debate at which major parties are represented in which they are asked what 10 important areas their party would institute to improve free and fair competition for power.	October 2005
	Receive & consider public submissions & conduct public hearings (Could include a colloquium of the Judiciary, which would include representatives from the courts, civil society organisations and community based organisations, academics from law faculties and Members of the bar society. The agenda could include factors that promote the independence of the Judiciary, Factors that impede the independence of the Judiciary Ideas for enhancing the rule of law.)	October – November 2005
	Develop responses to the questionnaire	November 2005
	Consider & Comment on the Draft Self-Assessment Report and Draft Programme of Action	December 2005 – January 2006
	Consider & respond to the Issue Paper	February - March 2006
	Consultation with APR Team (if required)	February – April 2006
Joint Ad-hoc Committee on Economic Governance And Management	Conduct an audit to measure the ratification of all International Instruments and Standards.	October 2005
	Conduct an audit of statutes & macro-economic policies.	October 2005
	Receive & consider public submissions & conduct public hearings.	October – November 2005
	Develop responses to the questionnaire.	November 2005
	Consider & Comment on the Draft Self-Assessment Report and Draft Programme of Action.	December 2005 – January 2006
	Consider & respond to the Issue Paper.	February – March 2006
	Consultation with APR Team (if required).	February – April 2006
Joint Ad-hoc Committee on Corporate Governance	Conduct an audit to measure the ratification of all International Instruments and Standards.	October 2005
	Conduct an audit of statutes & micro-economic policies.	October 2005
	Receive & consider public submissions & conduct public hearings/briefings.	October – November 2005
	Review parliamentary reports (Committee oversight visit reports & NCOP Taking Parliament to the People reports regarding impact of labour legislation, PFMA, environmental management, King II Report, etc.)	October – November 2005
	Develop responses to the questionnaire.	November 2005
	Consider & Comment on the Draft Self-Assessment Report and Draft Programme of Action.	December 2005 – January 2006
	Consider & respond to the Issue Paper.	February – March 2006
	Consultation with APR Team (if required).	February – April 2006
Joint Ad-hoc Committee on Socio-economic Development	Conduct an audit to measure the ratification of all International Instruments and Standards.	October 2005
	Conduct an audit of statutes & policies relating to healthcare, social assistance, housing, education, water & sanitation.	October 2005
	Receive & consider public submissions & conduct public hearings (Including HIV & AIDS, women’s empowerment, access to education, housing, etc.)	October – November 2005
	Develop responses to the questionnaire.	November 2005
	Consider & Comment on the Draft Self-Assessment Report and Draft Programme of Action.	December 2005 – January 2006
	Consider & respond to the Issue Paper.	February – March 2006
	Consultation with APR Team (if required).	February – April 2006

Annexure 1

Abridged APRM Questionnaire

Objective / Standards & Codes	Question

Section 1: Democracy and Good Political Governance
Standards & Codes	To what extent has the country taken measures to sign, ratify, adopt and comply with [international] standards?
Prevention & reduction of intra- and inter-state conflicts	What are the recent or on-going conflicts in your country and the sources of these?
	What mechanisms exist for preventing, reducing, and managing conflicts in your country or region and how effective are these mechanisms?
	To what extent have regional and sub-regional organisations been involved in intra- and inter-state conflict resolution affecting your country?
Constitutional democracy, including periodic political competition and opportunity for choice, the rule of law, citizen rights and supremacy of the Constitution.	Does the political system as practiced in your country allow for free and fair competition for power and the promotion of democratic governance?
	What weight do provisions establishing the rule of law and the supremacy of the Constitution carry in practice?
	How and to what extent is decentralisation effected in your country?
	How has decentralisation contributed to the quality of governance?
	Are the security services subject to the rule of law and the oversight of civil authorities?
Promotion and protection of economic, social and cultural rights, civil and political rights as enshrined in African and international human rights instruments.	What measures have been put in place to promote and protect economic, social, cultural, civil and political rights?
	What steps have been taken to facilitate equal access to justice for all?
Uphold the separation of powers, including the protection of the independence of the judiciary and of an effective legislature.	What are the constitutional and legislative provisio9ns establishing the separation and balance of powers among the Executive, the Legislature and the Judiciary branches of government?
	To what extend is the judiciary independent?
	How would you rate the independence of the legislative body in your country?
Ensure accountable, efficient and effective public office holders and civil servants.	To what extent does the country have a transparent system of recruitment, training, promotion, management and evaluation of civil servants?
Fighting corruption in the political sphere	What is the state of corruption in the country?
Fighting corruption in the political sphere	What measures and actions have been taken to combat corruption in the political sphere and with what results?
Promotion and protection of the rights of women.	What measures have been taken to promote and protect the rights of women in the country?
Promotion and protection of the rights of women.	What measures have been put in place enhance the participation of women in the society?
Promotion and protection of the rights of children and young persons.	What concrete measures have been taken to promote and protect the rights of the child and young persons?
Promotion and protection of the rights of vulnerable groups including internally displaced persons and refugees.	What measures has the country taken to promote and protect the rights of vulnerable groups including refugees, internally displaced persons and disabled persons?

Section 2: Economic governance and Management
Standards & Codes	To what extent has your country signed, ratified and compiled with the above codes and standards?
Promote macroeconomic policies that support sustainable development.	To what extent is your country’s macroeconomic policy framework sound and supportive of sustainable development?
	On what basis does the Government formulate macroeconomic projections?
	What sectoral or microeconomic policies has your country developed and implemented to promote economic growth and sustainable development?
	What has your country done to increase domestic resource mobilisation including public and private savings and capital formation, and reduce capital flight?
Implement sound, transparent and predictable government economic policies.	What has your country done to make the public administration, legislative system and fiscal authorities work effectively and in a transparent manner?
	What measures has your country taken to make economic policies predictable?
	What are the main challenges that the country faces with respect to coordinating the efforts of various departments in implementing sound, transparent and predictable economic policies?
Promote sound public finance management.	What has your country done to promote sound public finance management?
Promote sound public finance management.	What measures have your country taken to develop an effective system of fiscal decentralisation?
Fight corruption and money laundering.	What is the prevalence of corruption in the public administration in your country and what measures have been taken in this regard?
Fight corruption and money laundering.	What is the prevalence of money laundering in your country?
Accelerate regional integration by participating in the harmonisation of monetary, trade and investment policies.	Is your country a member of any regional economic integration arrangement and what are the benefits and challenges of such membership?
	What measures has your country taken to ensure that national policies, including policies in respect of intra-African trade and investment promotion, are consistent with the supportive of regional economic integration objectives?
	What measures have your country taken to ensure effective implementation of decisions and agreements made within regional economic integration arrangements?
	Has your country adopted measures to promote regional monetary harmonisation, cooperation and coordination?

Section 3: Corporate Governance
Standards & Codes	To what extent has the country taken measures to sign, ratify, adopt and comply with these standards?
Promote and enabling environment and effective regulatory framework for economic activities.	What are the main categories of commercial enterprise and what is their role in the economy?
	What is the regulatory framework for economic activities and to what extent does it facilitate commercial enterprise in the country?
	What are the external and internal factors that impact on business activity?
Ensure that corporations act as good corporate citizens with regards to human rights, social responsibility and environmental sustainability.	Are there measures in place to ensure that corporations recognise and observe human laws?
	To what extent are corporations responsive to the concerns of the communities in which they operate?
	What measures have been put in place to ensure sustainable environmental management on the part of corporations?
Promote adoption of codes of good business ethics in achieving the objectives of the corporation.	What is the overall assessment of the corporate integrity in the country?
Ensure that corporations treat all their stakeholders (shareholders, employees, communities, suppliers and customers) in a fair and just manner.	To what extent does the corporate governance framework protect shareholder’s rights?
	Does the corporate governance framework recognise the rights of stakeholders (other than shareholders)?
Provide for accountability of corporations, directors and officers.	Does the corporate governance framework ensure that timely and accurate disclosure is made on all material matters regarding the corporations?
	To what extent are the accounting and auditing standards and practices in line with international standards?
	Does the corporate governance framework ensure the strategic guidance of the corporation, effective monitoring of management by the board (governing or supervisory body) and the board’s accountability to the corporation and the shareholders?

Section 4: Socio-Economic Development
Standards & Codes	What measures has the country taken to sign, ratify, adopt and comply with these standards?
Promote self-reliance in development and build capacity for self-sustaining development.	To what extent does the country have effective ownership of the orientation and design of national development programmes?
	How is the national development programme funded?
Accelerate social-economic development to achieve sustainable development and poverty eradication.	What is the country doing to accelerate socio-economic development and achieve sustainable development and poverty eradication?
	What are the outcomes of the policies and mechanisms to achieve sustainable development and poverty eradication?
Strengthen policies, delivery mechanisms and outcomes in key social areas including education and combating of HIV/AIDS and other communicable diseases.	What measures has government taken to strengthen policy, delivery mechanisms and monitor outcomes in order to make progress towards the social development targets?
	What are the outcomes of the policies and mechanisms on social indications?
Ensuring affordable access to water, sanitation, energy, finance (including micro-finance), markets, ICT, shelter and land to all citizens, especially the rural poor.	What policies and strategies has the government put in place to ensure that all citizens, in particular the rural and urban poor, have affordable access to basic needs?
Progress towards gender equality in all critical areas of concern, including equal access to education for girls at all levels.	What measures has the country taken to mainstream gender equality and with what results?
Encourage broad-based participation in development by all stakeholders at all levels.	What mechanisms have been put in place to promote and encourage effective participation in development processes by key stakeholders?

Annexure 2:
Implementation Road Map: Critical Steps for the Next 3-6 Months

Activity	Timeframe
Popularise the APRM through TV and radio advertisements and talk shows and through regular opinion pieces in newspapers	September 2005 – June 2006
Engage with other constitutional bodies/institutions and Higher Education Institutions in order to solicit input from their constituencies. Such constituencies include students, lecturers and institutions established to protect the constitutional rights of women, children, minority groups and indigenous languages etc.	15-25 September 2005
Host the 1^st national Consultative Conference	28-29 September 2005
Inaugurate the National Peer Review Governing Council	29 September 2005
Host the Country Support Mission	20-21 October 2005
Convene 9 Provincial/Sectoral consultative conferences and approximately 90 community-based workshops	September –October 2005
Receive and collate input from all consultative sessions, government departments, organised civil society, individuals and institutions	September – October 2005
Develop Draft Self-Assessment Report and Programme of Action	October – November 2005
Host 2^nd National Consultative Conference to discuss Draft Self-Assessment Report and Programme of Action	November 2005
Finalise Draft Self-Assessment Report and Programme of Action	December 2005
Submit final draft of Self-Assessment Report and Programme of Action to Parliament for comment	December 2005
Submit final report to the APRM Secretariat	February 2006
Host APR Country Review Team	April 2006
Submit Review Panel Report to APR Forum (Heads of State & Government of participating countries)	May 2006
Publicise the final report	June 2006