The Freedom of Expression Institute is disturbed by the move made by the Chairpersons' Committee of the Mpumalanga Provincial legislature to bar the public from tabling written questions in portfolio committee sessions. Apparently, in future these questions are to be sent to the MEC's of the respective departments. According to s. 118 (a) of the constitution, a provincial legislature must facilitate public involvement in the legislative and other processes of the legislature and its committees. If it has been the practice for the committees to facilitate public involvement by allowing the tabling of written questions, then it is extremely disturbing that the practice has been changed, and the legislature needs to explain why.

It is essential that the legislature is as transparent as possible, as they are direct representatives of the people, and therefore should be more directly accountable to them. While there is nothing wrong in principle with questions being directed to MEC's, we believe that one practice should not be stopped in favour of the other: in other words, the channels should be open for the public to ask questions both of the legislature and of the executive. To allow questions to be asked of the MEC, and not of the committees, inverts the transparency and accountability regime outlined in the constitution. While both the legislature and the executive should be transparent, the legislature and its committees must be more so.

The FXI is writing to the Chairperson's Committee to obtain further clarity on this matter, as this turn of events is disturbing.

Contact: Mandla Seleoane, Chairperson (083-602-5507) Raymond Louw, Deputy Chairperson (646-8790, 082-446-5155) Jane Duncan, Head: Policy and Research (403-8403/4w.)