1. PRESENTATION ON THE SADC PF/ SADC PARLIAMENT Presented by Dudu Lenzie on behalf of the Parliamentary Legal Services Office This presentation will probably involve audience discussion, which will create action items. Use PowerPoint to keep track of these action items during your presentation In Slide Show, click on the right mouse button Select “Meeting Minder” Select the “Action Items” tab Type in action items as they come up Click OK to dismiss this box This will automatically create an Action Item slide at the end of your presentation with your points entered.

2. Purpose of the Presentation provide a brief background on the SADC PF Re-introduce the discussion on the establishment of the SADC Parliament Assist Members to formulate a coherent RSA policy position on the SADC Parliament Assist Members in mapping the way forward

3. BACKGROUND (Windhoek Initiative) 1992 Aug- SADC Treaty signed 1993 Sep- SADC Treaty came into operation 1993 Oct- Speakers, Dep. Speakers, Parliamentarians and reps of the SADC member states meet in a consultative meeting to discuss the involvement of the reps of the peoples of the SADC countries From the meeting, a resolution is taken to establish the SADC Parliamentary Forum

4. Background (Cont…) 1995 May- adoption of the draft Constitution for the SADC PF 1996 Jun- SADC PF Launched as an autonomous organ of SADC 1997 Sep- SADC Summit of HOS approved the establishment of SADC PF under article 9(2) or article 10(6) of SADC Treaty

5. MISSION OF THE SADC PF To bring about convergence of economic, political, and social values in SADC and help create the appropriate environment for deeper regional cooperation through popular participation of the peoples of SADC.

6. ROLE OF THE SADC PF To strengthen the implementation capacity of SADC by involving the representatives of the peoples of SADC (Preamble) The SADC PF Constitution recognizes that the PF will evolve into a regional parliamentary structure.

7. OBJECTIVES Strengthen implementation capacity of SADC by involving Parliamentarians in SADC Activities Facilitate the effective implementation of SADC policies and activities Promote principles of human rights and democracy Familiarize the peoples of SADC with the aims and objectives of SADC Inform SADC of popular views on development and other issues

8. OBJECTIVES (Cont…) Provide a forum for dialogue on matters of common interest Promote peace, democracy, security and stability by supporting the development of permanent conflict resolution mechanisms Promote collective self-reliance and economic efficiency Make recommendations to facilitate the more effective and efficient operations of SADC

9. OBJECTIVES (Cont…) Harmonization of laws Accelerate economic cooperation and development integration Encourage good-governance, transparency and accountability Facilitate networking with other organizations for parliamentarians Promote the participation of NGO’s, business and intellectual communities in SADC activities

10. MEMBERSHIP OF THE FORUM National Parliaments of the SADC member states. The Presiding Officer and 4 MP’s. Serving for 5 years National Parliament must ensure equitable Representation of women & Political Parties in their Parls. And a chairperson of the National Women’s Parliamentary Caucus

11. ORGANS/STRUCTURE OF PF

12. ESTABLISHMENT OF THE SADC PARLIAMENT 2003 Apr-May (Livingstone the Plenary Assembly resolves to accelarrate the establishment of (or the transformation of the PF into) a SADC Parliament –“In Line with its Constitution and the decision of the SADC Summit of HOS in 1997” (Art 8(3)(b))

13. Establishment of the Task Team Livingstone meeting also resolved to establish a Task-Group of Clerks/Secretaries to Nat. Parliaments to: –Examine and advise on the modalities for the transformation (make proposals and provide options on the transformation) –Then submit its proposals to National Parliaments for consideration and approval

14. REPORT OF THE TASK TEAM The first meeting of the task team was held in May 2003 and its report contained recommendations on: –Possible functions of the SADC Parl (Legislative, Oversight, Consultative) –Membership –Relationships with the Nat. Parls –Relationship with other SADC Organs –Legal Instruments for the Transformation/ Establishment (Art 9(1) v 9(2))

15. REPORT OF THE TASK TEAM (Cont…) October 2003, the 2 nd meeting of the Task Team is convened in JHB. On the basis of the extended mandate, the task team prepared: –A Case For the SADC Parliament –The Draft Protocol –The Draft Agreement Amending the SADC Treaty

16. ADOPTION OF THE TASK TEAM DOCUMENTS The 15 th Plenary Assembly (Lesotho- 2003) adopted the three Task Team Docs. RSA put on record its reservations as to the process for the adoption of the protocol- Nat. Parls not given an opportunity to scrutinize the draft Protocol before it is presented to the PF’s Plenary Assembly But supports and contributes to the improvement of “A Case for the SADC Parliament”.

17. DRAFT PROTOCOL Sec 231(1) of the Constitution, 1996 gives the prerogative to negotiate & sign international agreements to the National Executive Sec 231(2) provides that international agreements bind the RSA only after approval by the NA & the NCOP, unless as provided for in sec 231(3)

18. DRAFT PROTOCOL (Cont…) For the purposes of the discussion of the Protocol, I would like to highlight areas which have been controversial so far: –Membership- should it be open to non- Parliamentarians? –Approval of the budget of SADC? (Art 4(1)(e)) –If the enactment of laws will be determined by the Summit will it not limit the legislative powers of the Parl?(Art 4(1)(h))

19. Article 26(2) &(3) My view is that the formulation of this provision will determine whether the envisaged Parliament will be the current SADC PF under a different name or a newly established body.

20. AREAS OF CONCERN Process to be followed in the adoption and signing of the Protocol (the PAP route is suggested) Relationship with other organs of SADC Relationship with the PAP & National Parliaments