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Official Opening Remarks by the Chairperson of the SADC PF Standing Committee on Democratisation Governance and Human Rights, Hon. Jerónima Agostinho

ON THE OCCASION OF THE CAPACITY DEVELOPMENT SESSION FOR THE SADC PF STANDING COMMITTEE ON DEMOCRATISATION, GOVERNANCE AND HUMAN RIGHTS (DGHR) HELD UNDER THE THEME: The role of Parliament in protecting Constitutionalism and the Rule of Law in Southern Africa: Prospects and Challenges.’’

13TH APRIL 2021

SALUTATIONS

  • Honourable Members of the SADC PF Standing Committee on Democratisation Governance and Human Rights;
  • The Secretary General of the SADC PF, Ms Boemo Sekgoma;
  • The Committee Secretary, Mr Sheuneni Kurasha and other Staff from the SADC PF Secretariat;

Our distinguished Resource Persons:

  • Professor Lovemore Madhuku, Constitutional Law and Parliamentary Development Expert; and
  • Justice Oagile Key Dingake, former Judge of the High Court and Industrial Court in Botswana, Residual Special Court for Sierra Leone, and the Supreme and National Courts of Papua New Guinea;
  • Our partners GIZ and Austrian Development Agency (ADA), represented by Dr Adane Ghebremeskel and International IDEA.
  • Representatives of Civil Society Organisations.
  • Representatives of media organisations
  • Ladies and Gentlemen.

It is my singular honour to welcome you to this Capacity Development Session for the SADC PF Standing Committee on Democratisation, Governance and Human Rights (DGHR) which is being held under the theme: “The role of Parliament in protecting Constitutionalism and the Rule of Law in Southern Africa: Prospects and Challenges.’’ This meeting is taking place as part of the SADC PF Committee Session for the 49th Plenary Assembly Session which will be hosted by the Parliament of Botswana virtually in June this year.

Hon. Members and Distinguished Participants,

Constitutionalism and the Rule of Law lie at the centre of sustainable democracy and Parliaments are the fulcrum of protecting constitutionalism and the rule of law. In this regard, Parliaments must use its constitutional mandate to ensure the observance of the various principles that underline constitutionalism and the rule of law. These principles include separation of powers between the legislature, the executive and the judiciary; independence of the judiciary; due process or fair hearings for those charged with criminal offences; respect for individual rights; accountability in the governance process; equality under the law; strong constitutions with constitutional limits on power; human rights; an effective electoral system; commitment to gender equality; laws to protect minorities and other vulnerable groups; and a strong civil society.

Hon. Members and Distinguished Participants,

As the most representative body in any democracy, Parliaments should not only champion for open and democratic societies but should also serve to ensure that citizen participation and consultation become the hallmark of public policy and decision-making processes. After all, our legitimacy as MPs and that of Parliament derive directly from the citizens.

Hon. Members and Distinguished Participants,

While Parliaments have the mandate to promote constitutionalism and they do face various challenges in this regard. These include but are not limited to power relations which often undermine the principle of separation of powers.

In its seminary documents, Benchmarks for Democratic Legislatures in Southern Africa adopted in 2012 under the auspices of this Committee, SADC PF observed that Africa’s young democracies are still characterised by weak Parliaments and not-so-independent judiciaries that must face very dominant executives.

In most cases Parliaments have been reduced to being primarily reactive institutions rather than proactive ones and are largely unable to respond sufficiently to emerging challenges, opportunities and national emergencies as we experienced in our respective Parliaments during the Covid-19 lockdowns.

Hon. Members and Distinguished Participants,

I wish to call on Parliaments in the SADC region to shake off the “rubber stamping” label and rise up to the occasion by vigorously guarding the ‘separation of powers’ and ‘checks and balance’ and ensuring that relationship between the three arms of government is one of equality and independence. Parliaments should be mindful of the fact that any encroachment on the powers of one arm by another has adverse effect on Constitutionalism and the Rule of Law. If Parliaments become complicit by allowing the balance of power to favour one arm of government, this would be betrayal to public trust.

Hon. Members and Distinguished Participants,

In view of the above, SADC PF has arranged for this capacity development session on the role of Parliament in protecting Constitutionalism and the Rule of Law in Southern Africa for Members of Parliament from the DGHR Standing Committee, Members from other SADC PF Committees and national parliaments.

The Session is in line with the Forum’s vision of “Moving Forward Together as the Flag-Bearer of Democratisation and Socio-Economic Development of the SADC Region” and objective 3 of its PF Strategic Plan, namely “To facilitate capacity development and other programs of support for Members and staff of Parliaments to augment skills, knowledge and competencies to face emerging challenges.”

The specific objectives of the Session are to:

  • Raise the level of knowledge of Members of Parliament on the principles of Constitutionalism and Rule of Law in a democratic system;
  • Identify opportunities and challenges faced by Parliaments in fulfilling their role in protecting Constitutionalism and Rule of Law through sharing of comparative experiences;
  • Enhance the capacity of SADC Parliamentarians to carry out their constitutional responsibility in upholding and championing Constitutionalism and Rule of Law; and
  • Build consensus on priority areas for action to enhance the role of Parliament in protecting Constitutionalism and Rule of Law across SADC Member States.

Hon. Members and Distinguished Participants,

On behalf of the Committee and indeed on my own behalf, I wish to express my sincere gratitude to our two experts, Professor Lovemore Madhuku and Hon. Justice Oagile Key Dingake who will take us through the Session as presenter and intervenor respectively.

Hon. Members and distinguished delegates, allow me, as I conclude, to also thank our partners, GIZ and Austrian Development Agency, for the financial support for this session. I also wish to thank International IDEA who are one of our technical partners as a Committee.

Hon. Members and Distinguished Participants,

Allow me to end by wishing me very fruitful deliberations.

It is now my singular honour and privilege to declare this capacity development session on the role of Parliament in protecting Constitutionalism and the Rule of Law in Southern Africa, officially opened.

I thank you.

Official Opening Remarks by the Chairperson of the SADC PF Standing Committee on Democratisation Governance and Human Rights, Hon. Jerónima Agostinho

About Us

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

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