Chairperson, the Constitutional Review Committee, the CRC, had observed that it might not have been aggressive enough in exploring, interrogating and exercising its functions during the first 12 years of South Africa's democratic era. As a result, the CRC has once again considered the mandate it has received from the Constitution in terms of which it is to review the Constitution annually, seeking to play a more meaningful and proactive role in this regard.
The CRC identified various opportunities to enhance its knowledge and understanding of its role and mandate by seeking assistance from institutions such as the Venice Commission, perceived as the world's think- tank and repository of knowledge, expertise and practical skills relating to constitutional matters. The Venice Commission extended an invitation to the CRC to send a five-member delegation to its two-day plenary session in Venice, on 15 and 16 October last year.
The Venice Commission is composed of independent experts in the field of law and political science. The members are senior academics, particularly in the fields of constitutional or international law, supreme or constitutional court judges, or members of national parliaments.
The Venice Commission consists of 57 full member states, which are all Council of Europe member states; one associate member state, Belarus; and seven observer states, as well as South Africa and the Palestinian Authority, which have a special co-operations status similar to that of the observers.
The Venice Commission played a significant role not only in the constitutional negotiations leading to democracy but also in assisting the Constitutional Assembly to formulate the final Constitution of 1996. The commission also played a vital role in assisting to consolidate South Africa's democracy through its assistance to the Constitutional Court, as well as in creating a forum in which African Constitutional Court Justices meet to exchange professional experiences and foster constitutionalism throughout Africa.
The Venice Commission's most important advisory role is to provide opinions on constitutional matters at the request of member states. The Venice Commission could be of great benefit to South Africa in two areas. Firstly, the CRC needs to interpret the Constitution to determine what it requires from the committee, as the South African courts cannot be requested to interpret the relevant constitutional provisions, in view of the fact that our courts do not provide advisory opinions. Therefore, the Venice Commission would be uniquely qualified and positioned to assist in this regard.
Secondly, the Constitutional Review Committee is of the view that the review of the Constitution, annually, involves assessing not only whether or not the Constitution requires amendment but also the health of our Constitution, including the state of implementation and its transformational impact on society. In this regard, there would be a need to develop a new methodology, towards which the Venice Commission could contribute significantly. This will require closer co-operation between South Africa and the commission, which may require South Africa to consider a verbal invitation that we have received from the commission to join it as a full member.
Although the Venice Commission had taken a decision in principle not to extend its membership beyond its current number, it is willing to make an exception in South Africa's case, motivated not only by the commission's long history of exchanges with South Africa but also because of the value the South African constitutional experience holds for many other countries, especially those on the African continent.
If South Africa were to join as a full member, the South African government would be responsible for identifying an extraordinary South African constitutional law expert who would be required to attend the Venice Commission meetings in Venice four times a year. Once South Africa acquired membership of the Venice Commission, it would be able to request the Venice Commission to express advisory opinions and provide other assistance in respect of legislation or constitutional reforms or other relevant legal matters.
In addition to its interactions with the Venice Commission, the CRC received a briefing from Dr Anil Sooklal, South African Ambassador to the European Union, on matters related to the European Parliament and its Parliamentary Committee on Constitutional Affairs, as well as on the delegation for the relations with South Africa. The committee also met with Mr Michael O'Boyle, the Registrar of the European Court of Human Rights, who informed it about the role of the court and its application of the European Convention on Human Rights.
Following the study tour, the CRC's main recommendation is that the verbal invitation extended by the Venice Commission to South Africa to become a full member of the commission be conveyed to the Department of International Relations and Co-operation and the Department of Justice and Constitutional Development for further action in that regard. [Applause.]
Chairperson I move:
That the report be adopted.
Agreed to.
Report accordingly adopted.