Sometimes a politician says something so daft and indefensible that one cannot but wonder whether he or she thinks ordinary voters are complete and utter fools. Maybe this does not surprise many people because they have come to expect that politicians will lie to them. But being an eternal optimist – one of the few paid up member of the chattering classes in South Africa who seemingly still believe that voters are, as a general rule, not nearly as stupid as politicians believe they are – it really irritates the hell out of me.
That is why the reasons given by National Assembly Speaker Max Sisulu for not releasing a “detailed breakdown” of all MPs travel records to provide evidence that the system is being milked, seem so preposterous. ID Leader, Patricia de Lille claims that MPs with distant homes and constituencies are are allegedly skimming off up to R40 000 a month in travel claims by using their cars for journeys that would be cheaper by plane and requested the details from Sisulu to back up her claims.
Sisulu refused, saying that while he supported De Lille’s attempts to expose alleged abuse, disclosing travel records could infringe on MPs’ right to privacy and “pose a security risk” to them.
He might as well have said: “Yes they are stealing us blind and I do not want to public to know this, so I am not going to give you details of MPs travel records.” At least that would have been honest.
Let us get this straight: we pay MP’s to visit their constituencies to do what they have been elected to do, namely to represent us and to look after our interests. (This, at least, is the theory, but because of our pure proportional representation electoral system, many MP’s do not really represent anyone. I for one would love to know which MP represents me, but even when I phoned the local ANC office they could not or would not tell me and refused to answer any questions about my Parliamentary representative.)
But according to our Speaker we are not allowed to know how much we pay our MP’s to visit us because this would infringe their privacy and pose a security risk. How dare we ask. Next thing we would demand to actually speak to our MP’s when they visit us and this might infringe on their right to privacy and might pose a security risk to them. Who the hell do we think we are!
This is utterly ridiculous.
The Constitutional Court has stated that the protection of the right to privacy could be understood by thinking of privacy rights in terms of an onion. There are layers of privacy and the closer one gets to the inner sanctum of an individual’s life (the core of the onion, so to speak), the more strictly will privacy rights be protected. Conversely, the closer one gets to the public life and duties of an individual the weaker the privacy protection.
In terms of this metaphor, the details of MP’s travel arrangements when they travel to their constituencies with our money to represent us can be viewed as the outer skin of the onion. MP’s are exercising a public function for which they are paid with public money when they embark on such travel. Hence there is absolutely no privacy rights involved here that needs to be protected.
There is of course a right involved here, but not the right to privacy brandished by Sisulu. The right here is the right of all citizens to know whether the money we spent on our public representatives to perform a public function for our benefit, is spent wisely, or whether the system is being abused by our elected representatives and whether some of them might not have committed a crime by defrauding Parliament.
Simple really.
Because Sisulu’s statement is so ludicrous, I will assume that it amounts to an admission that some MP’s have indeed abused the system, have defrauded Parliament and should be tried for fraud.
A quick question. Does De Lille have the right to take this further and request a court to rule on it? Or is this covered by some type of Parliamentary Privilege?
Section 12 of the Promotion of Access to Information Act says the Act does not apply to an individual member of Parliament. But as I read this section it means an individual member of Parliament need not provide info him or herself. Parliament must provide information about its work – including information regarding MPs – as long as this is not prohibited by Chapter 4 of the Act. If I recall correctly, there would be nothing in Chapter 4 preventing Parliament from providing the information because it does not relate to private information of an individual MP but to the spending of public funds. De Lille could therefore request the documents in terms of the Act and if the Speaker refuses can appeal this decision. Will have to study the act in detail again to confirm this position, but I suspect she would have a good chance of succeeding in obtaining the records.
The whole constituency issue could be very greatly improved with a little technology, and a little administrative effort (and a touch of political will).
Have a website listing all constituency offices, by area, with contact details. Once every three months, a simple advert could be placed in all relevant newspapers listing the contact details for all constituency offices in that area (or this could be done four times a year, say to co-incide with constituency work periods for MPs. The website could also be updated with MPs’ availability at constituency offices.
There should be a “call centre” at Parliament that directs people to their nearest constituency offices (and takes messages when these office are not available). Every constituency query should be logged in an internet-based listing, with a status indicator (there is plenty of open-source software for this).
Annual Reports of the work done by each constituency office should be published (with “personal” details removed). Travel claims could perhaps be linked to reported work periods.
Regionally elected (national) MPs should have their offices in the provices that elected them.
Maybe this is all a pipedream (or should I hire myself out to a BEE copnsulting firm and rake in the millions – sorry for the cynical note there), but I suspect that there is more thieving and cheating in constituency offices than there was with Travelgate. And what about parties and MPs who “share” constituency offices? And how much are the parties’ expenses subsidised through constituency accounts?
Prof
Excuse my ignorence but the whole thing of MP’s having constituencies and so on I dont understand. I mean, are they some sort of “super ward concillors” or somthin? When do they conduct any visits cos not even the very concillors call any meetings as it is?
I am a loyal member of the ANC,SACP, COSATU (thru NEHAWU), YCL and the ANCYL and lately the only issue I (together with some few younger comrades) is the fact that we need a new CULTURE AND CADRE in the movement. There needs to be a revolution from within ( and fast) nie so nie we run the risk of being removed from power.I have actually observed that coruption is so entrenched in government that it can only take the inside revolution of the movement to bring this to an end. The type of cadre we have at the moment is not there to serve the masses of our people but themselves (well, most of them).
Hey, why bother with all the nuisance of being a member of Parliament, with all of its dratted rules and filling out of paperwork and figuring out of allowances and stuff. Why not just get the police protection and escort and the kickbacks and the policy pronouncements and daily quotes for the media directly as a private citizen (or am I posting in the wrong topic here)?
Does anyone need me to email them a condom (a faxed one is more expensive – but quicker to use)?
“‘We want to deal decisively with the perception that corruption is on the rise in the country,’ Cabinet spokesperson Themba Maseko told reporters in Cape Town.”
http://www.mg.co.za/article/2009-11-19-new-anticorruption-team-established
I see what he meant.
The way to “deal decisively with the perception that corruption is on the rise” is to not release information.
@Spuy. My understanding is that if MPs have a defined constituency that they are required to report to, it becomes less likely that they will spend their time ‘goofing off’, and more likely that they will do a bit of work. This is because the constituents will not vote for them if they don’t deliver.
Of course, a prerequisite is that constituents understand democracy, and apply a bit of thought before they vote .
@ Maggs
“The Black Management Forum (BMF) believes the vacancies are the result of an “assault on black professionals”, driven by a covert anti-transformation and a racist agenda.” – http://www.mg.co.za/article/2009-11-19-hogan-searches-for-ceos
I sometimes wonder if the race card is not a smoke screen for more pigs to fit into the feeding trough.
This is creating unnecessary dust particles which could mask the real instances of racism, a deeply humiliating experience I can imagine. What the BMF is doing is akin to women who falsely accuse men of rape for various reasons. It is trivialising a very serious issue by making us numb or insensitive to it.
“MP’s are exercising a public function for which they are paid with public money when they embark on such travel. Hence there is absolutely no privacy rights involved here that needs to be protected.”
Crux of the issue. Finish. Klaar.
Of course, a fraud conviction does look good on the CV of any ambitious careerist ANC MP with an eye on the Chair of a Parliamentary Portfolio Committee….
Sne says:
November 19, 2009 at 14:46 pm
Hey Sne.
I am ambivalent about this.
On the one hand there is definitely the tendency towards “It’s now our turn to eat!”.
On the other there are some really worrisome trends.
For example – Andrew Coleman got off with a mighty handshake while Khaya Ngqula got unceremoniously fired. Coleman was, in my opinion, worse than Ngqula.
Everyone knew Maria Ramos, through the media coverage, when she was DG of Finance and the “exemplary” job that she did under Manuel (pun not intended) – the Manuel accolades continued after she was redeployed but hardly much is known about Lesetja Kganyago and his contribution to the continued Manuel magic (which by the way I hold a dim view of).
On Ramos, the trains and rail system is still a mess – only “non-core” assets were sold off, the wisdom of which will only be realised years into the future.
I am pretty certain that if it was Siyabonga Gama who was heading Transnet with such mediocre results the sky would have fallen on our heads.
But, as you say, the pigs are in the trough – and the smokescreen and red herring brigade are feasting too.
I wonder how many politicians bother to read this blog. I suspect zero. They don’t care, why would they.
And how do we appeal to those who are not converted? Those who are not aware, brainwashed, uneducated, tribal, misled by emotion and prejudiced.
Prof: we know we are being ‘ripped off’. The pity is, we understand the consequences of our corrupt, self advantaged and exploitive government’, their decisions and actions.. We don’t need hindsite. Its in our face.
Is it viable that SA can become a modern first world country? Do we have the leaders who care? Can it happen without such folk? Are they, the present non-representatives not letting us down? Even Madiba let it go, choosing ANC over the people, and the world knows this, I might add. Dog eat dog! Law of the Jungle. Can we blame the west for dissing us.
“Just let me get what I can, regardless. Black entitlement! We are owed.”
Shame! There ARE viable and effective answers to all of SA’s challenges, answers which would serve all the people. It isn’t just blacks who live in South Africa. Why is it that only blacks are considered to be entitled?
Unfortunately, there is no will. Those who care are the limited minority, now weak and despondent, and as I have stated so often, her Ladyship, lekker Lady Justice is still on her knees. Ahh Life! I’m thinking of quiting posts. Just letting it happen, enjoying a glass in my gardens here in the Wynlands.
@ Maggs
Whats your take?
http://constitutionallyspeaking.co.za/on-julius-malema-hiv-and-democracy/#comment-22133
Sne says:
November 20, 2009 at 6:43 am
I have made my views on Mbeki plain – I think he was a terrible president.
Be that as it may, it seems that we have a fall guy.
When SA invaded Lesotho, that was a spur of the moment decision by then acting President Buthelezi (if I recall correctly) when the then President was out of the country.
The approach to AIDS was a process. Ten years?
The entire ANC, indeed the entire country, has to take the blame – they allowed it while sucking up to Mbeki.
There was no strong lobby within the ANC against the silly propositions by Mbeki and Tshabalala.
Almost nothing from our esteemed judges and legal bodies.
Almost nothing from academics and universities.
Almost nothing from NGOs, civil society movements, youth movements and trade unions.
Almost nothing from organised business.
That in a country which has probably the finest constitution in the world, together with very powerful democratic institutions (Mushwana aside).
The research by Alan White, post WWII, leads to the conclusion somewhere in it, that Hitler was not all powerful, rather that the then Germans gave up their personal power to him.
We, all of us, abdicated our personal power to Mbeki.
Now of course we don’t want to take responsibility – it’s soothes our collective conscience to want to decimate his political carcass.
Of course we need to keep the debate high, to express our displeasure, to let other leaders know that “(t)he evil that men do lives after them; the good is oft interred with their bones”.
@ Sne.
Re my comment November 19, 2009 at 15:28 pm
read this.
“Senior managers are to call for the entire board to step down after Ramos is accused of victimising Gama.”
“The M&G is in possession of the dossier, which accuses Ramos of ‘victimising Gama”
http://www.mg.co.za/article/2009-11-20-more-transnet-troubles
@ Maggs:
“We, all of us, abdicated our personal power to Mbeki.”
No so fast, Maggs …
What about the richly-despised “liberals,” who vociferously opposed Mbeki every step of the way — and were labelled “racist” for their pains?
I don’t suppose you give them any credit, do you?
Michael Osborne says:
November 20, 2009 at 9:05 am
“I don’t suppose you give them any credit, do you?”
I, and many others, moaned and bitched quite a bit too – that was not sufficient.
Whatever it was that we did was not enough.
While I am not advocating violence or anarchy, we can take a cue from the various townships that have made a case for their plight.
Even those who argue that Mbeki was “dispossessed” or ANC leadership and removed from high office cannot argue that enough was done to stop the madness of AIDS denialism.
BTW what is it about being labeled racist that makes strong people run for cover?
@ Maggs
Maggs, may I take it that your cute smiley-face means you withdraw your all-encompassing allegation that “We, all of us, abdicated our personal power to Mbeki”?
Tony Leon never “abdicated his personal power” to Mbeki, did he? Or is liberal vermin just not encompassed by the collective pronoun?
“BTW what is it about being labeled racist that makes strong people run for cover?”
Maybe, in the case of liberals that, in their naive little liberal bleeding hearts, it is just about the worst thing you can be called. Ditto perhaps for other targets of Mbek-ite accusations of racism, Cronin (socialist), Davis (social democrat)?
Michael Osborne says:
November 20, 2009 at 10:28 am
“you withdraw your all-encompassing allegation” – nope. I stand by that. We, all of us, did not do enough. Those who think that they did enough can collect their Noddy badges.
There are a few people who I think made great efforts, including the TAC and one fired Minister of Health – those are the exceptions who established the rule.
I think Tony Leon did abdicate his power to Mbeki in respect of the AIDS issue – there’s a lot more that he could have, should have, ought to have done, but didn’t.
White liberals: silent accomplices to Mbeki’s genocide. Tony Leon must be Mbeki’s co-defendant in his genocide trial!
P.S. Maggs: If you want to know why white liberals hate being called racist, just think about why highly repressed homosexuals make the most toxic homophobes.
Mikhail Dworkin Fassbinder says:
November 20, 2009 at 11:10 am
Hello Dworky.
How are you?
Did you get your condoms?
People seem to be losing their minds!
Oh Khosi, just fuck off.
@ Maggs
OK, I take it you give some credit to TL for standing up to TM on some issues, other than HIV. (I am braced already for a very vehement denial on this one.)
But that is not the point here. What – specifically — do you think TL have “done” on the HIV issue. I take it you are aware that:
1. TL spoke out vociferously and endlessly against TM’s denialism.
2. Under TM’s leadership, the DA rolled out what was lauded as a remarkably effective ARV program in the WC.
Maybe he should have joined TAC marches. But I fear the TAC leadership would not have welcomed his wholly delegitimising presence with much enthusiasm.
@Herman Lategan,
My point exactly.
Michael Osborne says:
November 20, 2009 at 17:17 pm
To be fair to you, I don’t really know much about what Leon did, excepting that he was rather noisy and pretty ineffectual – the AIDS rollout in the WC seems impressive.
My best recollection of Leon is that he opposed the Equalisation of Rates to the point of challenging that at the CC and that he stood out against the DP/DA policy on the death penalty.
Maybe he was effective in his opposition to Mbeki around the HIV/AIDS/ARV matter – I was really not listening to him.