Abstract
It is clear from the South African history of the past 27 years that the oversight role in our parliament is lacking. In general, parliament is supposed to provide oversight of the cabinet and this includes both opposition parties’ members of parliament (MPs) and the ruling party’s MPs. Furthermore, opposition parties specifically have the role of providing oversight of the ruling party through the structures of parliament. But with such a dominant majority party as the ANC, this can only happen with the help of the ANC itself. It is no surprise then that the constitution’s institutions are heavily politicized and affirmative action is used as a weapon to dismantle and bend South Africa to the will of the ANC. The only institution that has been able to remain resistant is the parliamentary opposition through the oversight role it performs.
This oversight role is very important in any government, even more so in a democracy. Democracy’s core value is representation and equality within it. Democracy is distinguished from authoritarianism precisely by this: that the elected government does not have sole right to all power but is restrained by regulation (read “oversight”) in order to ensure that they serve the people rather than themselves.
Because the ruling party in South Africa holds the majority of seats in parliament, this role of oversight is left to the opposition and is currently under severe strain by the ruling party. Yet opposition parties are working very hard to achieve oversight and accountability. Still, the opposition was powerless to stop the ANC’s authoritarian takeover of the state. Despite their tremendous efforts, the oversight they can perform remains minimal. By this, the parliament is reduced to an instrument of the ANC, for the implementation of its ideology and empowerment of its elite cadres, at the expense of South Africa. The opposition is still allowed to exist in order to obtain a form of apparent legitimacy.
The aim of the article is to investigate the origin of the apparently ineffective oversight role within the parliament and what the obstacles are that opposition parties experience in this regard. Obstacles relate to several of the ideas and/or institutions that define and maintain the South African polity. On the positive side, opposition parties do occasionally exercise oversight and legislation, but this is the exception rather than the rule. The most important findings of the article indicate that the opposition in parliament plays a greater and more important role than the government in acting as the protector of the South African constitution and the citizens of the country.
Keywords: constitution; democracy; failed state; legislature; legitimacy; opposition; overview; parliament; politics; rule of law; South Africa; state
- This article’s featured image was taken by Izak de Vries.
Lees die volledige artikel in Afrikaans
Struikelblokke wat toesig deur opposisiepartye in die Suid-Afrikaanse parlement belemmer