In the apartheid era from 1948 to 1994, the executive arm of government dominated over parliament. Corruption and abuse of power almost always follow directly.

The drafters of the 1996 constitution changed this. The constitution gives the legislature the authority and the obligation to oversee and hold the executive accountable.

The constitution contains nearly 40 provisions to do this.

In 1994, the speaker of parliament began a range of initiatives to get the changes under way.

Three projects between 1996 and 1999

-A system of mandatory disclosures of financial interests by every MP and their immediate family members;

-A system of parliament scrutinising every piece of subordinate legislation made by the executive to test it for constitutional compliance; and

-Setting out parliament’s obligations under Section 55 of the constitution.

Corder Report

This is now known as the Corder Report.

The report recommended legislation to set standards of accountability and institutional independence. It proposed new rules about how the two houses of parliament should report to parliamentary committees.

And it suggested there should be a standing committee on constitutional institutions, or the Chapter 9 bodies. These include the public protector, the Human Rights Commission and the auditor-general.

Parliament responded only partially and ineffectively. This failure was noted by the state capture commission.

Lack of parliamentary vigilance has consequences: the executive and public administration succumb to the temptations power gives them; the electorate is failed; and the courts and Chapter 9 institutions become stressed.

And finally, it falls to civil society to challenge power abuse.

For this reason, the state capture commission advised that the electoral system and some aspects of the committee functions should be reviewed.

All those who value constitutional democracy will support such a recommendation. But few will be holding their breath. – The Conversation

-Hugh Corder is professor emeritus of public law, University of Cape Town

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