ON THE OCCASION OF THE COMMITTEE SESSION FOR THE SADC PF STANDING COMMITTEE ON DEMOCRATISATION, GOVERNANCE AND HUMAN RIGHTS (DGHR) DURING THE 51ST PLENARY ASSEMBLY HELD ON SUNDAY 1ST MAY 2022 FROM 09:00 TO 17:00

 ALUTATIONS

• Honorable Members of the SADC PF Standing Committee on Democratization Governance and Human Rights;
• The Secretary General of the SADC PF, Ms Boemo Sekgoma;
• Committee Secretary, Mr Sheuneni Kurasha and other Staff from the SADC PF Secretariat and National Parliaments;
• Our distinguished Resource Persons:
• ISHARA BODASING, Managing Director IBodasing Governance Consultants, Advocate of the High Court and Member of the Companies Tribunal in South Africa;
• Titus Gwemende, Team Leader at the Africa Regional Office of Open Society Foundations;
• Mr Ipyana Musopole, Officer-Anti-Corruption and Good Governance, SADC Secretariat, Gaborone, Botswana
• Representatives of Partner Organisations.
• Representatives of media organisations
• Ladies and Gentlemen.

It is my singular honour and privilege to welcome you to this statutory meeting of the SADC PF Standing Committee on Democratisation, Governance and Human Rights (DGHR) which is being held during the 51st Plenary Assembly Session under the theme: “Towards Strengthening the Role of Parliament in Curbing Corruption and Promoting Accountability in the SADC Region: Engaging Parliamentarians on how to use Public Finance Management to Execute Measures to Fight Corruption.’’

We are meeting at a time when the world is battling two major crises, namely the COVID-19 pandemic and the Russia-Ukraine conflict, that have had devastating effects on the global economy, including an astronomical rise in fuel prices and a similar trend being projected for food prices. This is in addition to the various pre-existing challenges such as a shrinking global economy, political crises, rising unemployment and ailing healthcare systems. SADC Member States, being part of the global village, have not been spared by these challenges and must therefore, face them head-on.

Hon. Members and Distinguished Participants

Our theme, “Towards Strengthening the Role of Parliament in Curbing Corruption and Promoting Accountability in the SADC Region: Engaging Parliamentarians on how to use Public Finance Management to Execute Measures to Fight Corruption” gives us a timely as Parliamentarians to interrogate some of these matters, with a view to finding solutions for the benefit of citizens. This is particularly important since SADC PF has developed the SADC Model Law on Public Financial Management (PFM) as a comprehensive tool to entrench transparency and accountability in the management of public finances in SADC Member States.

Hon. Members and Distinguished Participants

A sound, transparent and effective public financial management system is a fulcrum of democratic accountability and good governance in any country since it guarantees effectiveness in the way in which public resources are collected, allocated, spent and accounted. It is incontestable that the large amounts of money involved in the management of public finances on one hand, and the discretion that is often given to public officials on the other hand, will often render PFM vulnerable to corruption.

Corruption is a threat to democracy as it does not only erode public trust in public institutions but is also hampers economic development and aggravates inequality, poverty, social division and the environmental crisis.

I therefore, welcome the development the PFM Model Law as it will help countries of the region to benchmark and set best practices as they seek to plug any legislative, policy and implementation gaps, based on their national contexts. Indeed, SADC PF must be commended for this trailblazing initiative which adds to the growing body of regional and international instruments that offer an array of strategies to mitigate the effects of corruption and propel the region towards socio-economic transformation as espoused in SADC Vision 2050, African Union (AU) Agenda 263 and the global Sustainable Development Goals (SDGs). Other important instruments in this regard include the SADC Protocol Against Corruption adopted in August 2001 and entered into force in 2003, the AU Convention on Preventing and Combating Corruption adopted in 2003 and entered into force in 2006 and the United Nations Convention Against Corruption.

Hon. Members and Distinguished Participants

Curbing corruption and strengthening democratic accountability through PFM systems require Parliaments of SADC Member States to be proactive in ensuring the establishment of robust public financial management systems and effective monitoring of the same for compliance, through oversight. The legislature must live up to citizens’ expectation by serving as a genuine public forum for scrutiny and checks and balances, thereby helping to break the patterns of social traps and the vicious cycle of corruption in society.

Parliaments are duty-bound to ensure that adequate progressive laws and policies are put in place to enhance transparency and accountability in the management of public finances. The laws so passed by Parliament ought to include mechanisms and safeguards for effective budget execution, efficient management of collected revenues as well as fair, competitive and transparent public procurement processes. I therefore, wish to reiterate the call that was made by the former Minister of Finance of South Africa, Mr Tito Mboweni, that national Parliaments should strengthen their respective anti-corruption legal frameworks, in particular in critical areas of prevention, criminalisation, international cooperation, extradition, and assets recovery.

Having good laws against corruption is not enough. Laws are not a panacea for corruption. In addition to the laws, Parliaments should also ensure that there is adequate enforcement. Law enforcement agencies should ensure that the corrupt are indiscriminately punished and the cycles of impunity are broken. There also need for proper functioning institutions, including an independent judiciary, a robust media and a vibrant civil society.

Parliaments themselves should strengthen their relevant parliamentary committees and to enhance their internal technical capacities to review the budget and financial reports from government ministries and agencies. Parliaments should utilise resources such as the SADC PF Benchmarks for Democratic Legislatures in Southern Africa (2010), which provides minimum standards on the constitutional and legal framework, political, institutional, financial, material and human resources requirements for truly democratic Parliaments.

Hon. Members and Distinguished Participants

I am glad that over the last two years this Committee has greatly contributed to the objectives of SADC PF as espoused in its Strategic Plan (2019-2023), Constitution and Rules of Procedure regarding strengthening democratic accountability, including curbing corruption, the limitations place by the COVID-19 pandemic notwithstanding. For instance, the Programme is currently developing various knowledge tools for use by Parliamentarians in tackling the various challenges they face in undertaking their work. These include the following:

1. Principles and Guidelines for Parliaments in Curbing Corruption in the SADC Region.
2. Guidelines for Parliaments in Promoting and Protecting Human Rights.
3. Handbook on the Role of Parliament in Promoting and Protecting Human Rights during pandemics and crises.
4. Baseline Study on the Mechanisms and Practices for Separation of Powers and Checks and Balances in SADC national Parliaments.

Various activities have also been implemented to strengthen the capacity of Parliamentarians on critical democracy and governance themes including the following: the role of Parliament in conflict prevention and management; the role of parliament in promoting protecting human rights; the role of parliament in promoting constitutionalism and the rule of law; and the role of Parliament in promoting democratic elections. We have also continued to promote peer learning and experience-sharing among Members.

The meeting today will continue on the same trajectory, with capacitating Members on how they can utilise parliamentary control in PFM to foster democratic accountability, openness and curb corruption. Members will also be exposed to the linkages between the SADC PFM Model Law and the SADC Protocol Against Corruption as well as other regional and international instruments on combating corruption with a view to identify and pursue opportunities for domestication at national level.

We shall conclude by adopting specific recommendations to the Plenary Assembly on priority areas for action by Parliaments at national and regional level to strengthen the role of Parliament in curbing corruption and promoting accountability through PFM in the SADC region.

I am also aware that we are meeting at a time when we have made several recommendations that were adopted by the Plenary Assembly, with the aim of promoting democracy and governance in the SADC region in line with our mandate. The include, but not limited to promoting the domestication of the SADC Model Law on Elections in Member States; the development of the SADC Model Law on the Role of Parliament in Promoting and Protecting Constitutionalism and Rule of Law; and the development of the SADC Model Law on Small Arms and Light Weapons.

We will, therefore, get an opportunity to be updated by the Secretariat, which has been working tirelessly, under the guidance of the Chairperson and Vice Chairperson, to ensure the effective implementation of these decision.

This meeting being at the end of the tenure for the current office bearers, we shall conclude our business with electing the Chairperson and Vice Chairperson who shall lead this Committee for the next two years. 

We are grateful to the Swedish Government for agreeing to the addition of a component on strengthening democratic accountability to the existing Project on Sexual and Reproductive Health and Rights and Governance. This is the Project under which our meeting today is being funded. We look forward to continued collaboration with Sweden towards democratic consolidation in the SADC region.

I also wish to thank our esteemed resource persons who have accepted to grace our meeting and to share their subject expertise which will enable the Committee to make informed deliberations and recommend to the Plenary Assembly accordingly. These are:

1. Mr Jay Kruuse, Director, Public Service Accountability Monitor (PSAM), School of Journalism and Media Studies at Rhodes University in South Africa and Member of the Technical Working Group on the PFM Model Law;

2. Adv. Ishara Bodasing, Managing Director IBodasing Governance Consultants, South Africa;

3. Mr. Ipyana Musopole, Anti-Corruption Enforcement Officer, SADC Organ on Politics, Defence and Security Affairs, SADC Secretariat; and

4. Mr Titus Gwemende, Team Leader, Africa Regional Office – Open Society Foundation Africa.

We are also grateful to Members of the Regional Parliamentary Model Laws Oversights Committee who will be joining us for the meeting and to the Members of the DGHR Technical Working Group who will join us virtually.

Allow me to end by wishing the meeting very fruitful deliberations.

It is now my singular honour and privilege to declare the statutory meeting of the DGHR Committee during the 51st Plenary Assembly 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