The SADC Parliamentary Forum (SADC PF) was established as an institution of the Southern African Development Community, in accordance with Article 9(2) of the SADC Treaty on 8th September 1997, by the SADC Summit of Heads of State and Government held in Blantyre, Malawi. The Summit’s main objective for establishing the Forum was to “constitute a Regional Parliamentary Framework for dialogue on issues of regional interest and concern”. Currently, the SADC Parliamentary Forum has a membership of Fifteen (15) parliaments representing over 3500 parliamentarians in the SADC region. These member parliaments are Angola, Botswana, Democratic Republic of Congo (DRC), Eswatini, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, South Africa, Seychelles, Tanzania, Zambia, and Zimbabwe.
The Forum seeks to bring regional experiences to bear at the national level, to promote best practices in the role of parliaments in regional cooperation and integration as outlined in the SADC Treaty and the Forum Constitution. Its main aim is to provide a platform for parliaments and parliamentarians to promote and improve regional integration in the SADC region, through parliamentary involvement.
The objectives of the Forum address a wide range of issues, including but not limited to:
Promotion of human rights, gender equality, good governance, democracy, and transparency;
Promotion of peace, security, and stability;
Hastening the pace of economic cooperation, development, and integration on the basis of equity and mutual benefits;
Facilitating networking with other inter-parliamentary organizations;
Promoting the participation of non-governmental organisations, business and intellectual communities in SADC activities;
Familiarising the peoples of SADC with the aims and objectives of SADC; and
Informing SADC of the popular views on development and issues affecting the region.
Since June 2014, the Forum has endorsed an “Operating like a Parliament” Strategy which heralds the operational paradigm of the Forum as it embarks on a progressively more ambitious phase of inter-Parliamentary integration. The transition from a deliberative body to a fully-fledged SADC Regional Parliament is a logical step in the Forum’s initiatives towards regional integration made over the years, through targeted interventions and resolutions at the level of the Plenary Assembly.
Despite progress made in different spheres, the fact remains that in 2018, the SADC Region continues to be affected by daunting challenges. Improvement of national responses to HIV and AIDS; greater access to affordable medicines and health services; the need to ensure free and liberal trade; improvement of gender equality; enhancement of the democratic systems of the SADC Region through fair elections or access to domestic minerals through mining; and food security, among others; all constitute matters of mutual interest that are confronted with challenges on multiple fronts. Moreover, the SADC Region is affected by the same factors weakening the international economic order and which impact on trade deficit, economic growth, public debt and unemployment rates in Member States.
The Model Laws developed under the auspices of the Forum further attest to the long-standing agility of the Forum in working towards the harmonisation and integration of laws in the region. Altogether, the role of the Forum in helping to enhance sustainable development in the region is undeniable. However, now more than ever, despite the achievements of the SADC PF to date, in its current form, it is clear that there is need for further action beyond its current mandate. Resolutions agreed to at the regional level are not binding on Member States. A SADC Regional Parliament would thus serve to promote good governance and augment the implementation of the decisions of the Executive through the engagement of lawmakers at Regional level on issues of common regional concern. In this regard there is need for a higher inter-Parliamentary body which can bring Member States closer together and engage them to enact laws and administer policies that are border-friendly allowing for political, social and economic integration whilst bearing in mind other common concerns which plague the region. While similar regional inter-Parliamentary systems already exist in Europe, the rest of Africa and other regions of the world, the SADC Region will not replicate but rather develop its Regional Parliament in its own context, given its unique specificities without usurping the sovereignty of Member States. Furthermore, the achievements of the Forum already lend credence to the fact that inter-Parliamentary cooperation can indeed act as a game-changer in ridding the region of its ominous challenges.
In accordance with inter-state economic modelling, the idea of a completely integrated economic bloc would be marked by the free movement of goods, services, capital and people. Fiscal and non-fiscal barriers to trade would be gradually eliminated thereby allowing free flow of goods across borders. The establishment of a SADC Free Trade Area would constitute a point of departure for future integration, followed by a Customs Union, then a Common Market, a Common Monetary Area and ultimately a Common Currency. Complete monetary integration would imply that there will be no restriction on capital flows across nations which would use a single currency denomination. Monetary policy, price stability, balance of payments and regional debt would be overseen by a central Bank for the region. The integrated regional zone would furthermore be visa-free, with liberalised airline connectivity and initiatives to jointly market the region as a single destination of choice.
1.3 The Forum’s Mandate
The SADC-PF is a Regional Inter-Parliamentary body comprising of National Parliaments of SADC Members States (except Madagascar). Currently, the SADC PF comprises 14 Member Parliaments, representing over 3,500 Parliamentarians. The Member Parliaments are; Angola, Botswana, DRC, Lesotho, Malawi, Mauritius, Mozambique, Namibia, Seychelles, South Africa, Swaziland, Tanzania, Zambia and Zimbabwe.
The SADC PF was established in 1996 and approved by the SADC Summit of Heads of State and Government on 8th September 1997, in Blantyre, Malawi. The Summit “approved the establishment of the SADC Parliamentary Forum as an institution of SADC, in accordance with Article 9(2) of the SADC Treaty”. The Summit further noted that the mandate of the Forum was “to constitute a Parliamentary Consultative Assembly, the ultimate goal being the establishment of a Regional Parliamentary Framework for dialogue on issues of regional interest and concern”.
There are five standing Committees aligned to SADC sectors that oversee program implementation. These Committees are the engine room for Parliamentary Business. Below are the five SADC-PF standing Committees;
Gender Equality, Women advancement and Youth development;
Trade Industry, Finance Development integration;
Food, Agriculture and Natural Resources and Infrastructure;
Democratisation Governance and Human Rights; and
Human and Social Development and Special Programs.
The SADC PF’s mandate as enshrined in its Constitution is as follows:
To promote respect for the rule of law, gender equality and equity, individual rights and freedoms, including the promotion and development of cooperation in the economic field in the SADC Region based on the principle of equity and mutual benefit;
To promote peace, democracy, security and stability on the basis of collective responsibility and supporting the development of permanent conflict resolution mechanisms in the SADC Sub-Region and strengthening regional solidarity and building a sense of common destiny among the peoples of SADC; and
To promote dialogue and cooperation among Member States on socio-economic development issues in order to enhance economic welfare.
1.3.1 Objectives of the Forum
To strengthen the implementation capacity of SADC by involving Parliamentarians in the affairs of SADC;
To advocate the harmonisation, ratification, domestication and implementation of SADC Protocols, treaties and other decisions at the national level
To promote the principles of human rights, democracy, peace and security, regional integration, human and social development, economic governance and gender equality through collective responsibility within the SADC Region;
To familiarise Parliamentarians of Member Parliaments with the objectives, priorities and decisions of SADC;
To provide a parliamentary perspective on issues affecting SADC countries;
To provide a Forum for discussion on matters of common interest to SADC; and
To promote cooperation with other parliamentary organisations and other stakeholders.
1.3.2 Implementing the Mandate
The Forum already operates in accordance with a governance framework which is sanctioned by its Constitution and the Rules of Procedure of the SADC-PF. Under this governance structure, the Plenary Assembly is the main decision-making body of the Forum and the Executive Committee is the management body which feeds information to the Plenary Assembly. The other organs of the Forum, namely the Standing Committees and the Regional Women Parliamentary Caucus, also feed information to the Plenary Assembly on specific thematic themes. The Secretariat, headed by the Secretary-General, stands guided by the decisions of all other organs of the Forum and is overseen by the Executive Committee in its operations. All Forum staff fall under the administrative supervision of the Secretary-General.
Collaborations between inter-parliamentary systems and international organizations further create the snowball effect which lays the foundations for incorporation of the Model Law into domestic legislation of Member States in the SADC region and beyond. It is the momentum created through collaborations which propagates the sense of ownership of the Model Law as a guiding legislative instrument which should inform African norms. The international acclaim and general acceptance given to the Model Law will also encourage Member States to incorporate the provisions in the best of delays.
The National Assembly (French: Assemblée nationale) is Mauritius's unicamerallegislature, which was called the Legislative Assembly until 1992, when the country became a republic. The Constitution of Mauritius provides for the parliament of Mauritius to consist of the President and the National Assembly. The parliament of Mauritius is modelled after the Westminster system of parliamentary democracy, where members of parliament are voted in at regular general elections, on the basis of a first past the post system.
It consists of 70 members, 62 directly elected for five-year terms in multi-member constituencies and 8 additional members, known as "best losers", appointed by the Electoral Supervisory Commission to ensure that ethnic and religious minorities are equitably represented. The Government is primarily responsible to the National Assembly and the prime minister stays in office only as long as he or she retains the support of a majority of its members.
Constitutional Role
The National assembly is supreme and determines the functioning of various constitutional institutions of the country.
President
The President and Vice-President are both elected by the assembly for a five-year term.
Government
The National Assembly is essential to determine which party/group forms the government and therefore the executive of the country. As per the constitution, the prime minister is answerable to, and must maintain the support of the assembly. Thus, whenever the office of prime minister falls vacant, the President appoints the person who has the support of the House, or who is most likely to command the support of the House—normally the leader of the largest party in the assembly.
Opposition
The political party or alliance which has the second largest majority forms the Official Opposition and its leader is normally nominated by the President of the Republic as the Leader of the Opposition.
Composition
The Assembly is made of up of 70 members, of whom 62 are directly elected in 21 constituencies. The island of Mauritius is divided into 20 constituencies returning three members each and that of Rodrigues is a single constituency returning two members. After a general election, the Electoral Supervisory Commission may nominate up to a maximum of 8 additional members in accordance with section 5 of the First Schedule of the Constitution with a view to correct any imbalance in community representation in Parliament. This system of nominating members is commonly called the best loser system.
The political party or party alliance which wins the majority of seats in the Assembly forms the government and its leader usually becomes the Prime Minister. It is the Prime Minister who selects the members of the composition of the Cabinet from elected members of the Assembly, except for the Attorney General, who may not be an elected member of the Assembly.
List of political parties represented in the Assembly
A new assembly was elected on December 10, 2014 and a new coalition government was appointed with Sir Anerood Jugnauth as prime minister. The following political parties are represented in the assembly (based on the number of MPs):
After a new assembly is elected, the President, by proclamation, may open the new session fixing the date and time of the sitting. The government message (replacing the speech of the throne) is read by the President. The Assembly normally sits on Tuesdays as from 11:30 AM when it is in session. The President acting on the advice of the prime minister may at any time adjourn, prorogue or dissolve the assembly.
Officials/Functions of the Assembly
The following positions/body have important functions in the assembly. They are as follows:
The Speaker - The main function of the Speaker is to ensure that the Standing Orders and Rules of the National Assembly are complied with. The Speaker interprets and enforces the Standing Orders and for the purpose of interpretation, recourse is often had to Erskine May's Parliamentary Practice, responds to Members' points of order and give rulings when necessary. The Speaker symbolizes the authority of Parliament.
The Deputy Speaker - The Deputy Speaker assists and acts as the Speaker when the latter is out of office.
The Leader of the House (Prime Minister) - The President acting on the advice of the prime minister may at any time adjourn, prorogue or dissolve the assembly.
The Leader of the Opposition - The office holder is usually to level criticism against the policy and administration of Government and to outline the alternative policies.
The Attorney General - The office holder is the national legal adviser to the government and the assembly.
The Government Chief Whip - Along with the Opposition whip, sets the agenda for the parliamentary work.
The Opposition Whip - Along with the Chief Whip, sets the agenda for the parliamentary work.
The Government Deputy Chief Whip - Replaces the Chief Whip when the latter is out of office.
The National Assembly of Malawi is the supreme legislative body of the nation. It is situated on Capital Hill, Lilongwe along Presidential Way. The National Assembly alone possesses legislative supremacy and thereby ultimate power over all other political bodies in Malawi. At its head is the Speaker of the House who is elected by his or her peers.[2] Since June 2014 the Speaker is Richard Msowoya.
The 1994 Constitution provided for a Senate but Parliament repealed it. Malawi therefore has a unicameral legislature in practice.[2] The National Assembly has 193 Members of Parliament (MPs) who are directly elected in single-member constituencies using the simple majority (or first-past-the-post) system and serve five-year terms.
Current Parliament
The current parliament was inaugurated on 9 June 2014 after the 2014 general election. No party managed to secure a majority in the house. Two by-elections were expected to be held for the Thyolo East and Blantyre North constituencies. Peter Mutharika won the presidential election and therefore could not represent the former constituency, while a Malawi Congress Party candidate died prior to the election in the latter.
The National Assembly of Lesotho is composed of one-hundred and twenty elected members. Eighty members are directly elected from constituencies and the other forty are elected through proportional representation. There is a Speaker who is elected by members of the National Assembly.
No member of the National Assembly can participate in its deliberations without first taking the Oath of Allegiance. Members making their maiden speeches, which are expected to be short and not controversial, are not interrupted and are generally given an enthusiastic applause by drumming the chambers’ tables vigorously.
The Speaker’s chair, overlooks the entire Assembly. The seating plan is U-shaped. The government side sits on the right of the Speaker with the Prime Minister and Cabinet occupying the front-benches while the other members of the ruling party occupy the back-benches of the same side. This seating plan is mirrored by the main opposition party with its leader and shadow cabinet on the left of the Speaker.
Parliament is housed in a colonial building which is about one hundred years old constructed early in the last century.
When a constituency-elected member of the National Assembly vacates a seat, arrangements are made to have a by-election. When a member elected on the basis of proportional representation vacates a seat, the Speaker of the National Assembly has power to appoint the next person on the Party List to effect a replacement.
The Senate is the upper house of the Parliament of the Democratic Republic of the Congo. During the transition period in the Democratic Republic of the Congo (2003 - 2006), the Senate, aside from its Legislative role, also had the task of drafting the country's new constitution. This task came to fruition with the adoption of the draft in Parliament in May 2005, and its approval by the Congolese people, in a successful democratic referendum on 18 and 19 December 2005.
Members of the Senate are indirectly elected based on proportional representation by the Provincial Assemblies. Each of the 25 provinces elects four senators, with the exception of the city-province of Kinshasa, which elects 8. Elected senators serve 5-year terms. Former presidents sit as senators for life by right.
Current Senate
Senators were elected under the new constitution on 19 January 2007 by the provincial parliaments of their respective provinces. The results of the latest election was:
Source: http://www.cei-rdc.cd/IMG/pdf/senateur_200107-6.pdf "Portant Annonce des Resultats Provisoires de l'Election des Senateurs du 19 Janvier 2007 en Republique Democratique du Congo"], Commission Electorale Independante, 20 January 2007.
The National Assembly is elected every 5 years by universal suffrage. There are 500 seats, 61 members are elected in single member constituencies while the remaining 439 members are elected in multi member constituencies by open list.
Numbers of deputies for each ville, commune (Kinshasa) and territory
Parentheses contain the number of deputies elected from each subdivision
Prior to the 2006 election, the National Assembly was an appointed body consisting of representatives of the difference parties to the peace agreement that ended the Second Congo War.
BLURB:As demands for land become more strident across SADC, the region's MPs say it is time to wake up, smell the coffee and ensure access to this inelastic resource for all citizens especially women, the majority of whom work it but do not own it.
Luanda, Angola - A veteran South African lawmaker has challenged SADC Member Parliament to support legislative frameworks that promote women's access to and ownership of land.
Morotua- Veteran South African Lawmaker Rosalia MorotuaLawmaker Rosalia Morotua made the call through a motion moved during the 43 rd Plenary Assembly Session of the SADC Parliamentary Forum which took place here last week.
In the motion, moved on her behalf by fellow South African Member of Parliament (MP), Siphosezwe Masango, Morotua enjoined SADC Member Parliaments to debate the gendered dimension of land ownership and agricultural industrialization in their respective countries.
Additionally, she encouraged the SADC PF to engage the SADC Secretariat to determine progress toward advancing women's access to land in the agricultural sector in keeping with the SADC Protocol on Gender and Development.
"The limited sex-disaggregated data for land ownership in the SADC Region shows that men own most of the region's land," she said.
"Women in most of the SADC Member States simply do not own land resources, yet are the ones that produce food and feed our nations," Masi said and added that in Tanzania, it was estimated that women produced about 80% of the food.
Malawi MP Patricia Kainga said the SADC Gender Protocol barometer of 2017 attributes the poor access to land by women to stringent trade facilities that most women are unable to qualify for and customary practices that prevent women from inheriting the land.
"This region has a task to protect our women in land ownership and credit facilities," she said.
Zambian lawmaker Professor Kandu Luo said many rural women were suffering due to lack of access to land. She called for mechanization of agriculture to ease the burden on women who work on the land.
"The whole issue of tilling the land with hoes is really something that we should be looking at and mechanization of agriculture activities is extremely important," Luo said.
An MP from Seychelles, Wavel Ramkalawan, said SADC Member States could learn something from his country about the land issue.
"As a Parliament and as a people, we have identified this issue and we have passed the necessary laws to do away with discrimination. Today, women and men in the Seychelles have equal access to land. Women can inherit land and there are no issues," he said.
He encouraged national parliaments to resolve the land question at national level.
"Bring those motions on; fight those injustices and through that, women will get their proper place in society," Ramkalawan said.
Zambian MP Elizabeth Phiri urged SADC Member States to protect the rights of mainly disadvantaged women and girls. She said many widows were getting a raw deal.
"When a man dies, relatives of this man come and get everything from the woman. Other tribes think giving birth to a girl-child is a curse; they would rather have boys through out," Phiri said.
She urged MPs to hold their governments accountable with respect to the domestication and implementation of relevant protocols such as the SADC Protocol on Gender and Development.
Botswana MP Duma Boko suggested that MPs use legislation to promote equitable access to land.
"Land is an inelastic resource. If someone holds tracts and tracts of land, rendering such land available only to himself and his family, is there a way we can free up some of that land?"
He warned that the writing was on the wall and enjoined his fellow lawmakers to wake up and smell the coffee.
"This is the question that bedevils South Africa, it bedeviled Zimbabwe with all the difficulty that it brought, and it now seems to bedevil the womenfolk," Boko said.
He cautioned against assuming that men were the only ones denying women access to land and called for a hard look at customary law and other factors.
"Under customary law, what are the rules that apply for the devolution and succession of land? In a lot of instances when you say the relatives of the man come and take the land, you may actually be talking about the mother of the man who has died. So, it is another woman grabbing land from a daughter-in-law. It must not appear as if all the time it is the men."
South African MP Shaik Emmam argued that land ownership bestows dignity on people and urged governments to help citizens acquire it.
"I want to encourage all SADC Member States to at least provide serviced land to every family, particularly women," he said.
Lesotho MP Tsepang Mosena said land was key in the quest for self-determination by nations and socio economic development of all people. She recalled land was at the top of the list of grievances when many SADC Member States waged liberation struggles.
"The guns have since fallen silent in many parts of Africa. However, demands for equitable access to land are growing more and more strident. Indeed, in many of our Member States, equitable land distribution remains an unfinished, emotive business," she said.
Mosena said she was aware that some SADC Member States had begun taking steps to "right this historical injustice" but challenged them to be more transparent about it.
"While I congratulate them, I would like to seize the opportunity to challenge (them) to generate and openly distribute disaggregated data showing how all citizens - regardless of gender or sex - are benefiting from land redistribution because I am fully persuaded that in many of our Member States, land ownership patterns remain skewed in favour of the male gender."
She said very little land was in the hands of women and girls "yet they make the majority in many our Member States and bear a disproportionate burden of providing care to the sick, broke and busted".
She attributed women's low access to land to their lower income earning capabilities due to a plethora of that include lower educational access and attainment, patriarchy and patriarchal lineage propped up by deeply entrenched beliefs about inheritance and succession.
"Strange as it might sound in the 21st century, we still have Member States in which the girl child cannot inherit her father's land ahead of or alongside her male siblings."
Mosena argued that lack of access to land results in exclusion from life-changing opportunities and increases women and girls' vulnerability to exploitation, poverty, HIV infection and unmet sexual and reproductive sexual rights.
"A woman who cannot access land may be forced to become a subordinate appendage of the man who owns and controls land as well as what it produces. In such a relationship, this woman has little or no say in many issues including her own reproductive rights. As representatives of the people, we can surely change this situation," she said.
She said there was justification for legislative intervention to level up land redistribution in many SADC Member States.
"I support legislated affirmative action to address gender disparities in land ownership. Ideally, our local and traditional authorities should be required to allocate or reserve a certain minimum quota of land for our female citizens to change the prevailing embarrassing situation," she said.
The 43rd Plenary Assembly Session of the SADC Parliamentary Forum has unanimously adopted a motion to amend the SADC Parliamentary Forum Constitution and the SADC Parliamentary Forum Rules of Procedure.
Botswana MP Honourable Duma Boko moved the motion calling for the amendments.
He explained the amendment sought to enable a much smoother operation of the SADC PF by ensuring that where certain Members are for some reason unable to attend, or they cease to be Members of their respective Parliaments, they can be replaced almost immediately, to enable the term of the affected Parliament to continue to its end.
Additionally, the motion sought to enable a situation in which those who are unable to attend Plenary business would be able to appoint proxies so that the business of SADC PF is not disrupted by the non attendance resulting in Standing Committees not having a quorum.
The second part of the motion was to put in place a monitoring and evaluation mechanism at regional level for the adoption, adaption and implementation of Model Laws to ensure that when such Model Laws are passed, there can be some tracking with respect to how far respective parliaments are in incorporating them in their domestic legislative frameworks.
This is important, also, to enable tracking of the outcomes of the Model Laws so that when challenges are detected, appropriate support is rendered.
Zambian Member of Parliament, Hon. Dr. S. Musokotwane seconded the motion. He said the amendments would make it easier for the Forum to replace its President, Vice-President or Treasurer.
"Basically what it says is that since we follow principles of rotation, if for one reason or another, an MP who is sitting in office as President, Vice-President or Treasurer leaves the Forum, maybe because there was an election or they resigned, we do not need to go for another election. The country whose member was already performing those duties can be asked to submit a replacement to take over from there. This is what it does under Article 11(4) and Rule of Procedure number 10."
Hon. Musokotwane explained that the second amendment was related to a procedure to address a lacuna on the establishment and meeting of SADC PF Executive Sub-Committees.
"This amendment that we are talking about now, Rule procedure No. 13… is going to combine offices of the President, Vice-President, Treasurer, together with the Sub-Committee so that the whole team can be up and running immediately."
Hon. Verónica Nataniel Macamo Dlhovo from Mozambique also supported the motion and said the amendments would smoothen the operations of the SADC PF.
Hon. Edgbert Aglae of Seychelles also welcomed the amendments and expressed optimism that they would further democratize the SADC PF.
"It is important that we adopt new ways of thinking, and new resolutions. I think it is important that we obtain a copy of the SADC Constitution and procedures so that we can prepare ourselves better when we have future amendments coming before the House," he said.
Hon. Professor Nk'andu Luo from Zambia welcomed the amendment that would set up a monitoring mechanism over Model Laws developed by the SADC PF.
"This is because we develop Model Laws at great costs. I was part of the Committee that developed the Model Law on Child Marriage and it was at a great cost. Up to date, there has been no movement on that Model Law in Zambia We are dealing with a very serious problem on the African Continent where our children are being married off at a very tender age. They could have become Parliamentarians, Presidents, Doctors or Professors of this continent but because they would have been married off at a tender age, they had no opportunity to explore their potential," she said.
Malawi's Hon. Joseph Njobvuyalema welcomed the amendments saying they were overdue.
"We should have done this a long time ago. Where somebody is not available there is need for a proxy in deed… the amendments are quite in order."
Speaker of the Parliament of Zimbabwe Advocate Jacob Francis Mudenda concurred.
"It is not at variance, therefore, to come up with this amendment, more so as we are anxiously looking at the transformation of the SADC PF into a SADC Regional Parliament."
The Southern African Development Community Parliamentary Forum (SADC PF) was established in 1997 in accordance with Article 9 (2) of the SADC Treaty as an autonomous institution of SADC It is a regional inter-parliamentary body composed of Thirteen (14) parliaments representing over 3500 parliamentarians in the SADC region. Read More
