Chair, quite obviously, we reject the decision of the committee. This was an honest attempt by this side of the House to combat corruption, which has become endemic at all levels of government, not just at the senior level of government. What the legislation provided for was to prohibit party-political office bearers, public representatives and political parties from entering into business contracts with the state. That, we have seen, is the root of corruption throughout South Africa, at all levels of government. Incidentally, it is at all levels of government, not just at national government level.
The response of the committee was that they refused to allow Parliament even to deliberate on this issue. As the chairperson indicated, the committee is confined to looking at the proposed legislation through the prism of six principles. If we look at those principles, the proposed legislation infringes none of them whatsoever. Why are we then not allowed to debate it in this House?
What the committee did mention was potential infringement or implications as far as the Constitution was concerned. It was not unconstitutional! The legal department did not say it was unconstitutional. It had implications as far as the Constitution was concerned - but all legislation has implications as far as the Constitution is concerned! No outside legal opinion was sought. In any event, I submit to you that what the proposed legislation did was imbued with the very spirit of Constitution, meaning that it did not go against the spirit, or purport or object of the Constitution, because what the Constitution tries to do is to promote clean and open government.
On the question of the infringement of the rights of smaller parties, that is a total red herring. This legislation is designed to look at the parties that are in government - and those are the major parties, like the ANC and DA. What was interesting was that the chairperson said they sought opinion from various committees and the Presidency, who did not even bother to respond.
There is a section in the Constitution - section 56 - which you can invoke to force people to come to your committee and give evidence, but you would not even do that! You sat on your hands. That, perhaps, sums up exactly what this committee does do: it sits on its hands. In that process it reveals exactly what this committee is: a total charade. [Applause.]