The Secretary General of the Southern African Development Community Parliamentary Forum (SADC PF), Dr Esau Chiviya, recently made a strong case for transformation of the organ into a SADC Regional Parliament.

Addressing a joint session of SADC PF standing committees in Johannesburg, South Africa last week, Dr Chiviya noted that a regional parliament is the missing arm of the supposed three arms of SADC.

The other two, the Secretariat (the Executive) and the Tribunal (the Judiciary) are already in place. He also pointed out that unlike other regions of the continent such as East and West Africa where regional Parliaments exist; Southern Africa does not have a Regional Parliament.

“This has resulted in the absence of a systematic and coordinated channel for the collective voice of SADC Parliaments into Pan African Parliaments (PAP) processes and deliberations.

“There is, therefore, a strong case now for the transformation of SADC PF into a SADC Regional Parliament than ever before,” stressed the SADC PF secretary general. Before the SADC Parliamentary Forum was established, there existed no regional mechanism for parliamentarians of SADC Member States to debate and inform SADC on the popular views on development and other issues affecting the peoples and countries of SADC.

Establishment of SADC PF dates back 19 years ago, when the SADC Summit of Heads of State and Government, that met in Blantyre, Malawi approved the establishment of the SADC Parliamentary Forum as an autonomous institution of SADC.

The Summit noted that the main objective of the Forum was “to constitute a Parliamentary Consultative Assembly, the ultimate goal being the establishment of a Regional Parliamentary Framework for dialogue on issues of regional interest and concern”.

The SADC PF’s ultimate goal, according to Dr Chiviya, has been the fundamental basis for lobbying for the transformation of SADC PF into a SADC Regional Parliament. He points out that in its Constitution the SADC Parliamentary Forum provides, that “upon the Forum becoming a Parliament structure, the Plenary Assembly would be the legislative body in full consultation with SADC authorities and without infringing on the sovereignty of SADC National Parliaments’ legislative functions”.

The envisaged SADC Regional Parliament’s functions would include discussing matters of regional interest and concern and make recommendations to the Council of Ministers as it may deem necessary in furtherance of the SADC Agenda. According to Dr Chiviya, it would also be a regional forum for dialogue, consultation and the public consideration of matters of common interest and concern by representatives of the peoples of the SADC Region.

“It would also facilitate the ratification, harmonization, domestication and monitoring the implementation of SADC Protocols; enhance the implementation capacity of SADC in the implementation of its policies and programmes; develop model regional laws as determined and directed by the SADC Summit of Heads of State and Government on such issues as environmental governance; Trans-boundary natural resources management; Tourism and Trade, transport and communication as well as Gender equality, women empowerment and advancement,” he further elaborated.

He told the joint committees that transformation of SADC PF into a SADC Regional Parliament has received wide support from National Parliament with 13 of the 14 Member Parliaments having passed motions on the need for a SADC Regional Parliament.

“Heads of State and Government engaged by SADC PF Leadership during lobbying Missions have also expressed their support for the transformation of SADC PF into a SADC Regional Parliament,” he revealed. On relationship between SADC Regional Parliament and SADC, Dr Chiviya said the former shall be the legislative organ of the latter, established by the SADC Treaty.

“The details of the SADC Regional Parliament in terms of its composition, powers, functions, procedures and other related matters shall be prescribed in a Protocol to be adopted by the SADC Summit of Heads of State and Government,” he pointed out.

Regarding relationship with Heads of States and Government, a SADC Regional Parliament would make recommendations to the Council of Ministers on issues of Regional interest and concern and report to the Summit of Heads of State and Government.

“It would recognize and accept the sovereignty of SADC Member States while in operational terms it would consult and liaise with other SADC organs/institutions such as the Council of Ministers which is the Executive arm of SADC and the Tribunal which is the judiciary.

On relationship With SADC National Parliaments, Dr Chiviya said the principal role of the SADC Parliament would be to oversee the work of SADC institutions in the same way the European Parliament oversees the work of European institutions and the EU Commission without prejudice to the work of National Parliaments. He added that harmonization of laws at regional level by SADC Parliament would be followed by the domestication of such laws at national level.

“National Parliaments will continue their legislative and oversight role on the effective implementation of Executive programs and projects at national level. “A SADC Regional Parliament would enact regional laws as determined by the Summit and such legislative powers would be without prejudice to the sovereign roles of National Parliaments on national legislation,” he explained.

SADC Parliament would also deal with cross-border issues relating to climate change, the environment, management of natural resources, transport and communications, trade, tourism, gender equality and democratic elections.

The Parliament is expected to serve as the formal link between the PAP and National Parliaments in mobilising the collective positions of SADC Member States at the PAP. It would mobilize the collective voice of SADC National Parliaments on issues of concern and interest to Pan African Parliament.

The Parliament will also be the formal link with the other Regional Parliaments of Africa: ECOWAS in West Africa, CEMAC in Central Africa, EALA in East Africa and Maghreb in North Africa. On cost effectiveness of transforming the SADC PF into a SADC Regional Parliament, Dr Chiviya dispelled fears of the move becoming heavy financial burden on member states, saying efforts had been made to minimise costs.

He said the current Secretariat of the SADC PF in Windhoek would continue as the Secretariat of SADC Regional Parliament and any additional skills required can be sourced from National Parliaments, especially during Plenary Assembly Sessions in the context of the existing SADC PF Secondment Policy.

“SADC PF’s current Headquarters in Windhoek would remain the Headquarters of the SADC Regional Parliament. Namibia intends to offer the current Parliament Building to SADC PF when the new Parliament Building is completed.

“SADC Regional Parliament would hold its Sessions in the same way the Forum’s Plenary Assembly Sessions are held on a rotational basis by Member Parliaments; The Office Bearers of the SADC Regional Parliament, that is President, Vice President, Executive Committee Members, would not be on full time basis but would remain Presiding Officers and Parliamentarians of their National Parliaments.

Financing of the SADC Regional Parliament would be based on the current model of equal contribution from Member Parliaments; and money for its programme activities would be mobilised from cooperating partners as is the current practice.

The SADC PF leadership has already undertaken several lobbying and courtesy call missions to various heads of state and governments to drum up support and understanding for the transformation of SADC PF into a SADC Regional Parliament.

“The lobbying missions were all part of the Forum’s efforts to build regional consensus on the need for a SADC Parliament. In most of these lobbying missions the Heads of State and Government expressed support and the need to formally discuss the establishment of a SADC Parliament at SADC Summit of Heads of State and Government level,” noted Dr Chiviya.

When the case was presented for consideration for the first time at the SADC Summit of Heads of State and Government in 2004 at Grand Baie in Mauritius, the Council of Ministers and Summit decided that Member states should: first aim for the consolidation of the Pan-African Parliament; finalise the process of rationalisation of the African Union (AU) Regional Economic Communities (AU RECs); endeavour to define the relationship between the RECs and the African Union more broadly.

As this may help to better understand both the role and the scope of the proposed Regional Parliament. However, Dr Chiviya informed the SADC PF joint session that the pre-conditions laid down by the SADC Summit have to a large extent been met, noting that the PAP is now consolidated and has even been granted legislative powers by African leaders.

Also, the rationalization of Africa’s Regional Economic blocks is ongoing as evidenced by the East African Community (EAC), Common Market for Eastern and Southern Africa (COMESA) and Southern Africa Development Community (SADC) that came together in 2015 to form a common trade area.

He called upon Speakers to present the transformation of SADC PF into a SADC Regional Parliament for Cabinet discussion and decision in their countries. “The Cabinet of the Republic of Seychelles has done this and has taken a yes decision.

Once Cabinet takes a yes decision then Senior Officials and Ministers in the Council of Ministers would be bound by their country’s Cabinet decision. They cannot go against their Cabinet’s decision. “This would also enable us to focus our lobbying efforts on those countries opposed to the transformation of SADC PF into a SADC Regional Parliament.

“In the course of my discussions with some stakeholders, it has also been pointed out to me that a SADC Member State can move a Motion on the Transformation of SADC PF into a SADC Regional Parliament.

The Member State should present a tight case on why the Transformation is necessary and long overdue. This would go a long way in ensuring that the case for the Transformation of SADC PF into a SADC Regional Parliament would be on the Summit Agenda. If this strategy is acceptable, then a Member State has to be identified and approached to move the Motion,” he explained.