Coherent Identifier About this item: 20.500.12592/jqjj3c

REPORT Of ThE INDEPENDENT PANEL ASSESSMENT - Of PARLIAMENT

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Summary

In addition to the express mandates of the National Assembly and the National Council of Provinces as articulated in Chapter 4 and 5 of the Constitution, the Panel also investigated the extent to which there is cooperation with other organs of government, as well as the extent to which Parliament, as the custodian of the Constitution, assists in maintaining and guarding the independence of the leg. [...] In a number of cases stakeholders were able to directly address the Panel, these included: INtRoDuCtIoN RepoRt of the INDepeNDeNt pANeL ASSeSSMeNt of pARLIAMeNt • Civil society organisations • Representatives of the media • The Presiding Officers of Parliament • The Committee of Chairpersons of the NA and the NCOP • The Chief Whips of the ANC and DA (the chief whips of other parties were requeste. [...] With the adoption of the Constitution, the people of South Africa sought to “lay the foundations for a democratic and open society in which government is based on the will of the people”.8 The governance structures outlined in the Constitution provide the mechanisms through which governance “based on the will of the people” is ensured, and these mechanisms go far beyond periodic elections. [...] The preamble of the Constitution of the Republic of South Africa states that the Constitution was adopted to: Heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights; Lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law; Improv. [...] The independence of Parliament vis-à-vis the Executive has been highlighted with the tabling in May 2008 of the National Prosecuting Authority Amendment Bill and the South African Police Service Amendment Bill in the National Assembly, which effectively requires the dissolution of the Directorate of Special Operations (known as the Scorpions).

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