The Southern African Regional Caucus today presented its recommendations on the amendments of the Pan African Parliament Rules as guided by the Report of the Committee on Rules, Privileges, and Discipline on the Consultative Workshop on the Revision of the Rules of Procedure of the PAP; and Gaps Identified in the Rules of Procedure.
After debate and consideration of the proposals in the two documents, the Caucus outlined a number of recommendations.
Presenting the recommendations, Hon Pemmy Majodina, the Chairperson of the Southern Africa Regional Caucus who is also the Chief Whip of the National African Congress (ANC) in South Africa, alluded to the need to attend to page 2 of the Rules of Procedure, wherein she said the title SUMMARY should be replaced by the title ‘TABLE OF CONTENTS’; and to page 6 on the title ‘General Provisions’ that the Caucus feels should be replaced by the word ‘Preamble’.
Majodina said under Under Rule 1 the title ‘Interpretations’ should be replaced by the word ‘Definitions and the Caucus feels Regional Caucuses; Permanent Committees; Plenary; and Other Deliberative Organ – In this regard, the Deliberative organ should be included in the definitions.
Under Rule 3, the Caucus is of the view that Regional Caucuses and Permanent Committees should be added to the organs of PAP.
The Caucus suggests that Rule 7 should be amended to reflect the position that a Member shall remain competent to perform his/her functions if s/he is re-elected or re-designated to the PAP by his/her National Parliament or another Deliberative organ.
Consequently, the declaration of a vacancy should be held in abeyance until it is confirmed that a Member was not re-elected or re-designated by a national Parliament or other Deliberative Organ. Furthermore, Rule 7 should be amended to reflect that a Member shall remain competent to perform his or her functions without having been sworn in again if s/he is re-elected or re-designated to the PAP by his or her National Parliament of or Deliberative Organ.
The SADC Caucus said there must be a time frame of 90 to 120 days (three to four months). It said Rule 9 should be amended to provide that in the case of re-election or re-designation, the Member shall not be required to be sworn in again (This will be in line with the amendment proposed under Rule 7). Furthermore, the swearing-in of new Members should not be restricted to ordinary sessions of the Plenary but should be undertaken at any time by the PAP Bureau through the assistance of the Rules Committee.
On Rule 11, the SADC Caucus said the rule should be amended to remove a language ambiguity by removing the word ‘this’ in the first line of Rule 11 (1);
They added that Rule 13 should be amended to provide for the Code of Conduct to be adopted by the Plenary and should be administered by the Permanent Committee on Rules, Privileges, and Discipline under the supervision of the Bureau.
It added that Rules 15 and 16 should be amended to provide for the principle of regional rotation in accordance with the principles of the African Union. In addition, Rule 16 should be amended to reflect that ‘in the event of a vacancy in the Bureau, the Member temporarily nominated shall do so to complete the term of his or her predecessor from that Region. Furthermore, in the event of a vacancy being occasioned by an election in the Member State where the Bureau member comes from, filling of the position shall be held in abeyance until the electoral processes in that Member State are concluded. If the Member is re-elected or re-designated by the National Parliament or other Deliberative Organ, such a Member shall resume his or her position in the Bureau. The principle of rotation should also apply to the Committees and Caucuses;
The Caucus said Rule 17 should be amended to include a provision for the Members of the Bureau to be domiciled at PAP on a rotational basis when PAP is not in Session;
It added that Rule 20 should be amended to provide for all appointments of staff of PAP other than the Clerk and the Deputy Clerks to be the mandate of the Bureau. The Caucus said Rule 21 paragraph (e) should be amended to reflect that ‘the Clerk shall be accountable to the Bureau and to Parliament through the Bureau’. Furthermore, the Clerk’s functions in relation to the conduct of elections of the President and Vice Presidents should be in accordance with the approved rules of procedure on elections;
It recommended that Rule 22 sub-rule 1 should be amended to provide for the following seventeen committees: Committee on Rural Economy, Agriculture, and Natural Resources; Committee on Mining, Energy, Environment and Climate Change; Committee on Monetary, Financial Affairs, and administration; Committee on Trade, Customs, and Industry; Committee on Cooperation, International Relations and Conflict Resolutions; Committee on Transport; Committee on Health; Committee on Labour, Human Resources and Social Affairs; Committee on Education; Committee on Science, Technology, and Communications; Committee on Tourism, Arts, Culture and Heritage; Committee on Audit and Public Accounts; Committee on Family, Gender, Senior Citizens and People with Disability; Committee on Youth, Employment and Sport; Committee on Justice, Human Rights, and Immigration Matters; Committee on Rules, Privileges, and Discipline; and Committee on Programming, Monitoring, and Evaluation.
The Sothern African Caucus said Rule 23 should be amended to streamline the use of the word “Chairpersons of Committees.” It noted that there should be consistency in the use of the word “Chairpersons of Committees” and it should not be interchanged with the term President. The term President should only be used in reference to the PAP President.
The Caucus argued that Rule 39 should be amended to specify the official languages of the African Union; while Rule 40 should be amended in paragraphs (g) and (h) relating to the use of electronic devices to reflect technological developments and provide rules for the use of such electronic devices in the Plenary and Committees. Consequent to the Rules on electronic devices, further rules should be developed for virtual sessions as well as a hybrid of virtual and physical sessions as appropriate.
Furthermore, they said Rule 40 should be amended to provide for specific decorum regarding the processions of the President and his/her entourage into the Plenary as well as other rules relating to the movement of Members in the Plenary during a session.
The Caucus said Rule 89 should be amended to provide for punctuality and absenteeism of Members to Plenary and Committee sessions; while Rule 93 (3) on the effective date of amendments, the recommended rules should specifically state that the effect of the amendments is immediately upon their adoption.
The Caucus also noted that there are some corrections that need to be made with regard to the names of the countries. Over the years, some countries have changed their names and the Caucus said these must be reflected in PAP documents.
Furthermore, it said the processions of the presiding officers must be more formal and afforded symbols of the Parliament’s authority. It said the staff must be robbed so that the procession looks and has the necessary decorum.