Officials undermine Parly committees

Many countries have introduced portfolio committees to lessen the burden Parliament has in plenary sessions and ensure issues in the public and private domain are thoroughly investigated.
A portfolio committee is a group of lawmakers appointed by Parliament from among its members to perform a specific function, which the House has entrusted upon it and to report back to the august House.
By nature, the committees are an extension of Parliament.
Countries like South Africa have taken the issue of portfolio committees a step further and their constitutions now provides for their establishment.
In Uganda, besides the committees being set up through Parliament-ary Rules and Regulations, they have become effective in promoting transparency and recently the Minister of Information in that east African country, Kabakumba Masiko, equated being called to appear before a parliamentary committee as like being bundled into a “torture chamber.”
Masiko made the remarks last month following the death of Ugandan businessman, Joseph Behakanira, who died three days after being taken to task by the Public Accounts Committee over the use of US$1,3 million advanced to him to arrange for food and accommodation at one of the country’s hotels for a Commonwealth Heads of Government meeting held in Kampala in 2007.
In Zimbabwe, portfolio committees were introduced in 2000, under the same system.
They became popular, during their infancy, for grilling officials over government and public related issues.
In 2006, the then industry and international trade minister, Obert Mpofu, faced impeachment by the august House after he had come under fire from a Parliamentary committee to substantiate his allegations that some legislators had looted the Zimbabwe Iron and Steel Company. He later backtracked.
However, of late, a disturbing trend has been witnessed in the committee system. The system is slowly being rendered useless as it is failing to take authoritative action against officials who deliberately snub Parliament after being summoned.
There have been reports of portfolio chairpersons threatening to lay charges of contempt of Parliament against some officials who are dodging the committees.
Those that have been threatened in the past few weeks of contempt of Parliament include Net*One board members, the permanent secretary in the Ministry of Mines, Thankful Musu-kutwa and officials from Canadile and Mbada diamond companies.
Last week, Harare Town Clerk, Tendai Mahachi gave an eleventh hour excuse after the committee had sat and waited for his arrival to give evidence on the running of the metropolitan city.
The rate at which the officials are defying Parliamentary committees is alarming.
This begs the questions: Have these people suddenly realised that the committees are toothless bulldogs. Why are the committees not using the powers vested in them to bring the culprits to book?
Southern African Parliamentary Support Trust director, John Makamure, said some people do not understand the functions of the committees and hence they view them as ineffective.
“It is clear according to the rules and regulations of Parliament that if a government official or private sector representatives refuses to appear before the committees, they are charged with Contempt of Parliament, which can attract a jail term,” he said.
“Many people do not understand the functions and powers of these committees and view them as rubber stamping institutions. That is the reason why some people deliberately evade these committees.”
Makamure said there is need for Parliament to carry out extensive education among the officials to bring an understanding on the importance of the legislative institution.
He said a good working relationship bet-ween the legislature and the executive was necessary to avoid power struggles between the two arms of government.
“These committees should hold the executive to account and not vice-versa as is the case when some officials question their appearance before the committees,” said Makamure.
The deliberate failure by any person to appear before a committee constitutes contempt of Parliament and the legislative arm can invoke the Privileges, Immunity and Powers of Parli-ament Act to punish offenders.
In 2004, the Act was used against the Movement for Dem-ocratic Change treasurer, Roy Bennett, who was found guilty of contempt of Parliament after flooring Patrick Chin-amasa, the Justice Minister, during a scuffle.
Bennett served one year in prison after three months were suspended.
Prominent lawyer and Senator, Obert Gutu, said the committees were “too soft” on some officials, a situation that had created an attitude of reluctance by some people summo-ned to appear before Parliament.
“The committees are Parliament itself and one is compelled to respect them,” said Gutu. “When an official is summoned by a committee it is not like asking for a favour, that official must give good cause if he or she cannot make it.
“For anyone to refuse to appear before a committee without good cause constitutes contempt of Parliament.
“It is up to the relevant committee to charge that person and take appropriate steps, but the trend has been that some committees are too soft and people tend to take advantage of that weakness.
“There is need for these committees to put their foot down and say enough is enough and bring people to account because they are there to carry out an oversight function,” said Gutu.
While some analysts view the failure by the committee system to use its powers to force people to abide, academic and political analyst, John Makumbe says it is the executive that is stifling the works of Parliament.
Makumbe said Zimbabwe had one of the best committee systems in southern African, but the continued interference by the executives in the work of the legislature is eroding the gains of Parliament.
He said it was saddening to note that the portfolio committees were playing a good oversight role, but their recommendations were not being implemented.
“The committees are exposing the maladministration by government ministers and heads of parastatals so the executive is now uncomfortable,” said Makumbe.
“What the executive is now doing is to try and frustrate the committees by not availing themselves and use certain powers to evade accounting before Parliament. This makes the committees literally ineffective because they are not using their powers to make sure the officials abide whenever they are summoned.”
The country is faced with an increase in corruption cases and these committees have a task to unearth the misdeeds and restore public confidence in Parliament’s ability to hold the executive accountable on governance issues, Makumbe concluded.