A host of legislative amendments proposed by MPs have not seen the light of day because of what one member calls the “unconstitutional” rules of the National Assembly.
Now Mario Oriani-Ambrosini, a frustrated Inkatha Freedom Party MP, has applied to the Western Cape High Court to get these rules changed.
Amendments that have not made it to the Assembly for deliberation include one to the National Credit Act, which Oriani-Ambrosini himself proposed. It would protect heavily indebted consumers undergoing debt restructuring from being hit with interest payments while legal processes take their course.
Other proposals stalled before reaching the Assembly include a submission by Independent Democrats leader Patricia de Lille aimed at curbing the president’s powers to pardon prisoners because it contributes nothing to the rule of law and is associated with a monarchy rather than a democracy, according to Lance Greyling, the ID spokesperson.
Assembly rules prevent MPs from amending or proposing legislation without the approval of the private members’ committee, which is dominated by the ANC. The committee is supposed to examine MPs’ proposals and report to the Assembly, which should in turn decide on whether they can be introduced.
Instead it’s, “where good ideas go to die”, Greyling said.
Oriani-Ambrosini said the committee consistently asked the opinion of the executive before it permitted a proposal, weakening Parliament’s power.
His application seeks to align the Assembly’s rules with those of the Constitution, which permits ministers, deputy ministers and MPs to make legislative proposals directly to the Assembly. “If I cannot introduce a Bill, what is my job?” asked Oriani-Ambrosini. “And this is not just about the dialectic between the ANC majority and other parties. It will work to free up ANC backbenchers to work outside the majority party consensus.”
The office of the Speaker, Max Sisulu, the respondent in the case, did not respond to a request for comment.