“THE TRUE TEST OF DEMOCRACY IS GAUGED BY THE EXTENT TO WHICH - TopicsExpress



          

“THE TRUE TEST OF DEMOCRACY IS GAUGED BY THE EXTENT TO WHICH PARLIAMENT ENSURES THAT THE EXECUTIVE (GOVERNMENT) IS ANSWERABLE TO THE CITIZENRY; HENCE THE CONSTANT OVERSIGHT OF GOVERNMENT’S ACTIONS. BUT BECAUSE HARDLY DOES ANYONE OVERSEE THE ACTIVITIES OF OUR PARLIAMENT-NOT EVEN A CIVIL SOCIETY GROUP DEDICATED TO THAT LAUDABLE CAUSE- IT EXPOSES OUR MPs TO LOTS OF TEMPTATIONS THAT ARE NOT IN THE INTEREST OF THE NATION” - - - - - - - - - - - - -Umaru Fofanah (Politico) Umaru Fofanah’s piece in the Politico, “THE ROTTEN PARLIAMENT SYNDROME “is quite an impressive one. Most people do not understand that our legislative branch should be held equally responsible as the executive branch for the decadence in which we find our country. Our members of Parliament are the direct representatives of the people. They are supposed to be doing the business of the people, protecting the interest of the people that elected them. They have far more to do than just legislating. How many people actually understand the enormous power of oversight that our Members of Parliament have over the Executive Branch? Do they really exercise this all important function to protect the business and interest of the people? Do we as actually hold our direct representatives responsible as much as we hold our executive branch? I am in no way saying the Ministers and other Government Agencies should be off the hook. But they seem to be the only easy target when things go wrong in our society. Our Members of Parliament have failed woefully under both Political Parties as the watch dog for the people. It is high time we bring the work of our direct representatives to the front and center in our political discourse. Trying to clamp down on the Executive Branch while the Legislative Branch is MIA on one of its key responsibilities is like chasing a ghost. One may then wonder why we have not been able to curb the rate of corruption. The Executive branch is quick at setting up Commissions of Enquiry while the Member of Parliament fail to institute any form of oversight. Imagine a corrupt official investigating another corrupt official. We should then not be surprised that they die natural death achieving nothing. If you take your time to read portions of the constitution, you will be surprised to see how powerful our Members of Parliament could be, and still more how well protected they could be in doing the business of the people while in Parliament. Section 93(1) deals with the appointment of Members to different committees (Legislative, Finance, Appointment and Public Service, Public Accounts, Foreign affairs and International Co-operation Committee, etc.) Section 93(2) reads “In addition to the Committees referred to in Subsection (1), Parliament shall appoint other committees which shall perform the functions specified in Subsection (3)”. Section 93(3) further reads “It shall be the duty of any such committee as is referred to in Subsection (2) to investigate or inquire into activities or administration of such Ministries or Departments as may be assigned to it, and such investigation or inquiry may extend to proposals for legislation” It even gets better, 93(4) reads “Notwithstanding anything contained in Subsections (1) and (2), Parliament may at any time appoint any other committee to investigate any matter of Public Importance”. Section 93(5) ensures that the composition of these committees reflect the strength of the Political Parties and Independent Members of Parliament. The tools for our Members of Parliament to have broad oversight of the executive branch are entrenched in this document. They have enough to be able to protect the interest of the people. They should in essence be the single most powerful body that has at its disposal, the tools to efficiently and effectively check the excesses of the Executive Branch (Cabinet Ministers and other functionaries). Also, in doing the business of the people, our Members of Parliament are protected and have certain immunities. Section 93(6) reads “For the purpose of effectively performing its functions, each committee shall have all such powers, rights and privileges as are vested in the HIGH COURT at a trial in respect of a) Enforcing attendance of witnesses and examining them on oath, affirmation or otherwise: b) Compelling the production of documents: and c) The issue of a commission or request to examine witnesses abroad. Section 94(2) reads “Notwithstanding anything to the contrary in this constitution or in any other law contained, no decision, order or direction of Parliament or any of its Committees or the Speaker, relating to the rules and procedure of Parliament, or to the application or interpretation of such rules, or any act done or purporting to have been done by Parliament or by the Speaker under any rules of procedure, shall be inquired into by any court”. Section 95 reads “Any act or omission which obstructs or impedes parliament in the performance of its functions or which obstructs or impedes any member or officer thereof in the discharge of his duties or affronts the dignity of Parliament, or which tends either directly or indirectly to produce such a result shall be a CONTEMPT OF PARLIAMENT”. Section 96 reads “Where an act or omission which constitutes contempt of Parliament is an offence under CRIMINAL LAW, the exercise by Parliament of the power to punish for contempt shall not be a bar to the institution of proceedings under CRIMINAL LAW.” One then tends to wonder why the lack of oversight. Are our Representatives even aware of this huge power of oversight over the Executive Branch? It serves the interest of our Nation for Parliament to be fully functional in its oversight. The Executive branch may like it the way it is because it gives them free pass in doing whatever they want without being checked or held accountable. It is high time we have a government who will actually encourage the training of our Parliamentarians in using the tools at their disposal to get our government to work efficiently with the checks and balances fully operational. SOMETHING TO GIVE A VERY SERIOUS THOUGHT.
Posted on: Sun, 26 Jan 2014 05:25:17 +0000

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