Mr Speaker, hon members, a large number of parliamentary questions were unfortunately not answered before the deadlines set by Parliament last year. As far as I am aware, replies to most if not all the questions were finally compiled, but the parliamentary Rules, as we all know, do not provide for any late answering at the end of the year.
So even if replies were submitted, if that happened after the deadline, they would be reflected as unanswered, and therefore Parliament will not accept the reply. I have taken the initiative to write to all Ministers who had unanswered questions and request an explanation for each unanswered question. I also asked which steps they were taking to ensure that they answer all parliamentary questions submitted to them this year.
I will then report to Cabinet, where further discussions on the matter will take place. Feedback to this House will be given through the Speaker, hon Sisulu. As I indicated in my reply to oral Question 16 last year, it is also up to this House to discuss the matter and decide if they want to institute sanctions against Cabinet Ministers who do not answer parliamentary questions. Thank you.
Mr Speaker, I want to thank the Deputy President very much indeed for, again, a very positive response. You will know, sir, that this is the third time we have raised this matter in the House and it is really one of great concern. However, Mr Deputy President, there are still 100 unanswered questions from last year. A backlog of some 500 questions this year is now building up, and the matter is becoming more serious.
We have proposed before that making Ministers apologise is one way of dealing with it. We have proposed this to the Rules Committee, but regrettably it hasn't met for so long that we have not had the opportunity to push this matter further, and I would like to ask the Deputy President if he would take that matter up as well.
Mr Deputy President, if some of your Cabinet colleagues continue to refuse to carry out your instructions, surely you must start to wonder whether, in fact, they take you and your position seriously, sir. And isn't it, therefore, time for you to consider taking real action against these Ministers - these serial offenders - and even consider firing them if they continue to hold you in contempt? [Applause.]
Can I just indicate that the Deputy President does not answer on behalf of the Rules Committee.
Mr Speaker, hon Mr Ellis, I am heartened by the response I received from some of the Ministers to the letter that I dispatched once I became aware that there were all these questions that remained unanswered. As I said, I intend to share that with the House through the Speaker, and it may be helpful for us to have a meeting with presiding officers and the Chief Whips to look at this issue in more detail. I thank you.
Let me thank you, hon Deputy President, for your response, but going forward, how do you propose to deepen the culture of accountability, openness and transparency amongst the executive members?
Hon members, one way of ensuring that there is accountability is really to respond to questions, as posed by members of this august House. As I proposed, I believe it would be useful for us to have a meeting, and I would write to the Speaker and the Chief Whips to convene a meeting where we look at this issue and at what steps can be taken to ensure that questions are responded to so that there is transparency and accountability. However, as I said, the responses that I received from some of the Ministers have actually heartened me. Indeed, this is a problem that we can resolve without resorting to any draconian measures. Thank you. [Applause.]
Hon Speaker, hon Deputy President, the ACDP appreciates the steps you are taking to address this issue, but clearly unanswered questions remain a problem. Given the importance that has been given to performance delivery agreements, and should the steps you have suggested not bear fruit, should consideration nor be given to making this issue part of the performance delivery agreements entered into by the President and Cabinet Ministers? Thank you.
Hon member, I think we should throw that suggestion into the basket and look at it. I am quite open to it. Thank you.
Mr Speaker, and hon Deputy President, section 95 of the Constitution reads as follows:
Before the Deputy President, Ministers and any Deputy Ministers begin to perform their functions, they must swear or affirm faithfulness to the Republic and obedience to the Constitution, in accordance with Schedule 2.
Section 92 subsection 2 of the same Constitution reads as follows:
Members of the Cabinet are accountable collectively and individually to Parliament for the exercise of their powers and the performance of their functions.
Notwithstanding the above, Deputy President, it has been reported that some 116 questions in 2009 have not been replied to. Would you agree that Ministers who have failed and continue to fail to heed your formal request, that by 15 December 2009 all questions should have been replied to, are in fact in contempt of their own oath of obedience to the Constitution, as well as section 92, subsection 2 of the Constitution?
Hon member, yes, indeed, we agree that that is the constitutional obligation under which we operate and that we are in fact obliged to respond to questions. That is why we are not ducking and diving about it and, as I said, I've requested explanations of why these questions had not been answered. I will share those responses with the Speaker so that the House can be informed.
There are instances where the responses or explanations are cogent, but the system is just not working properly. We would also be able to identify that and deal with it. Once again, my proposal is that we should have a meeting with presiding officers and Whips to look at this issue. I am quite confident that even from the Cabinet's side we will be able to correct this slackness. Thank you.
We thank the hon Deputy President. This is certainly an important matter, and I would like to thank hon members and welcome their suggestions, which shall be noted by the Office of the Deputy President, as will the Deputy President's keenness to attend to the matter. I would like to remind members that the oversight model at Parliament is being worked on and also has this as an item. Indeed, the independent panel of experts, who still have to be considered, also has recommendations to this effect.
Position of Cabinet on adoption of a lifestyle audit and on closer scrutiny and transparency in awarding state tenders
3. Mrs J D Kilian (Cope) asked the Deputy President:
(1) Whether the Cabinet will adopt a lifestyle audit to include assets and business interests including an audit of (a) spouses, (b) children and (c) personal business partners; if not, why not; if so, what are the relevant details;
(2) whether Cabinet has taken any decision on closer scrutiny and transparency with the awarding of state tenders; if not, why not; if so, what are the relevant details?