ACCOUNTABILITY, ETHICS AND TRANSPARENCY IN GOVERNMENT Pakistan Study Mission to South Africa May 25 to June 3, 1997 ACCOUNTABILITY, ETHICS AND TRANSPARENCY IN GOVERNMENT Pakistan Study Mission to South Africa May 25 to June 3, 1997 Copyright © National Democratic Institute for International Affairs (NDI), 1997. All rights reserved. This work may be reproduced and/or translated for noncommercial purposes provided NDI S is acknowledged as the source of the material and is sent copies of any translation. S S • NDI acknowledges the support of the National Endowment for Democracy, which funded both the Pakistan Study Mission to South Africa and the publication of this report. PAKISTAN STUDY MISSION TO SOUTH AFRICA Members of the Delegation Pakistan Muslim League (PML-N') Hon. Chaudhry Muhammad Anwar Rhinder Chairman, Committee on Law, Justice and Parliamentary Affairs, Senate of Pakistan former Speaker, National Assembly of West Pakistan Hon. Au Afzal Khan Jadoon Member, Provincial Assembly, Northwest Frontier Province former Minister of Law and Parliamentary Affairs Pakistan Peoples Party (PPP) Hon. Syed Yousaf Raza Gillani Vice Chairman, Pakistan Peoples Party former Speaker, National Assembly of Pakistan Hon. Syed Naveed Qamar Member, National Assembly of Pakistan former Minister of Finance Muhalir Qaumi Movement (MOM~ Hon. Nasreen Jalil Member, Senate of Pakistan *Miister of State Absan Iqbal, Senator Mian Raza Rabbani and Member of the National s~embly Daniyal Aziz were invited to participate in the study m~on and contributed to its design but were unable to travel to South Africa due to unforeseen circumstances. S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S 5 TABLE OF CONTENTS S S S I. INTRODUCTION I S II. SOUTH AFRICA: Experiences in Developing Accountable Democratic Governance 2 S III.THE DELEGATION'S OBSERVATIONS AND RECOMMENDATIONS 3 S 5 A. The Judiciary 4 B. The Public Protector 5 S C. The Truth and Reconciliation Commission 7 S D. Constitutional Commissions 8 5 E. The Parliament 8 F. Code of Conduct 10 G. Civil Society 12 S H. Political Parties 13 S S • APPENDICES S I. The Schedule for the Study Mission S II. The National Democratic Institute for International Affairs S S S S S S S S S S S S S S 0 S S S 0 S S I. INTRODUCTION S From May 25 to June 3, 1997, the National Democratic Institute for International Affairs 5 (NDI) sponsored the visit of a delegation of Pakistani parliamentarians to South Africa to investigate 5 issues of accountability, ethics and transparency in government. The five-member delegation, which included representatives from the Pakistan Muslim League (PML), the Pakistan People's Party (PPP) and the Muhajir Qaumi Movement (MQM), traveled to South Africa to meet with government, S parliamentary, judicial and NGO representatives involved in efforts to promote government • accountability. S The February 1997 parliamentary elections in Pakistan focused public attention on the S growing problem of institutional corruption and lack of government accountability. Debate during S the election period highlighted the need to develop comprehensive mechanisms for monitoring the S behavior of Pakistani officials and preventing government corruption. Following the elections, NDI organized a roundtable forum at which parliamentarians, party * leaders, government officials and civic activists addressed prospects for political reform. The forum * produced a broad range of specific recommendations to promote government accountability. • Representatives from all the major parties, as well as government, judicial and NGO representatives, reached a consensus on two fundamental points: the accountability process should be — institutionalized and strengthened; and the role of parliament should be enhanced. Participants at • the roundtable forum also recognized the need to establish ethics legislation and codes of conduct • for Pakistani officials. The participants expressed a strong interest in learning how other countries • are addressing corruption and building accountable democratic institutions. They requested that NDI — provide assistance to the government of Pakistan in its efforts to eradicate corruption. In response to this request, and through discussions with political party representatives, NDI organized a study mission to South Africa where NGOs, political parties, the parliament and the government have worked to address ethics issues similar to those in Pakistan. In consultation with roundtable participants and delegates to the study mission, NDI developed an agenda encompassing four broad themes: • the constitutional framework for parliamentary reform and accountability; • parliamentary oversight of the accountability process; • government ethics and transparency; and • civic participation in the accountability process. Summary of the Delegation 's Recommendations During the study mission to South Africa, the delegation made a number of specific recommendations for consideration. Although each recommendation does not necessarily represent the views of every delegation member, all of the recommendations reflect the issues that participants S S 5 prevent conflicts of interest. South Africa has established a Truth and Reconciliation Commission 5 that provides a unique example of promoting reconciliation through a search for facts about the atrocities that were committed under apartheid. The vitality of South Africa's civic organizations including the media, churches, advocacy organizations and clubs creates a demand for freedom that S is the greatest protection for democracy. Through each of these elements, South Africa can serve 5 as a model of transformation that may act as a catalyst for democratic development in other countries throughout the world. S • III. THE DELEGATION'S OBSERVATIONS AND RECOMMENDATIONS 0 The Pakistani parliamentary delegation to South Africa focused its study mission broadly on government ethics, accountability and transparency, South Africa's constitutional framework and the roles of parliament, political parties and civil society in contributing to accountable government. S From meetings with South African parliamentarians, judges, ministers, civil servants, NGO leaders 5 and media representatives, the delegation identified three overarching themes that appeared to guide and influence the development of South Africa's institutions. These themes are: S • transparency in operations and personnel selection; O • consensus building among all political parties; and • • public participation. 5 All three of these themes were seen as contributing to building confidence in South Africa's system and fostering a culture of accountable and ethical government. S 5 Constitutional Reform and Accountable Government 5 South Africa's Constitution has been crafted to make transparency and accountability a S fundamental aspect of every institution. As one delegate noted, the South African Constitution "puts S its emphasis on the prevention of corruption -- not just catching the thief but making it difficult to 5 rob." Transparency is required at every level of government with the aim of "keeping the innocent innocent." Additionally, the operation of institutions, government decision making and selection of government personnel are all remarkably open to the South African public. S S Fink Haysom, advisor to President Mandela, noted that the constitutional framework 5 establishes a broad range of institutions aimed specifically at encouraging government accountability. These include: O • Public Protector; O • Auditor General; O a Judicial Selection Commission; • Civil Service Commission; 5 • Human Rights Commission; S O 3 S S S S S S Broadcasting Commission; Commission; and • Constitutional Court. S The effectiveness of these institutions requires a certain level of public confidence in their 5 integrity. According to Haysom, a key ingredient in building that confidence has been South • Africa's efforts to ensure that these institutions operate with the consensus of all political parties and in an autonomous and transparent manner. • The delegation found the general themes guiding South African institutions to be admirable • and also useful in the Pakistani context. While the delegation members realized that many of South Africa's institutions were new and still to be tested, they generally agreed that the guiding principle ot accountable and transparent government was effectively incorporated into all aspects of the South African system. When these institutions fell short of their objectives, it was more because of a lack S of financial and human resources, rather than because of legal or constitutional barriers. The • following sections describe specific institutions in which the delegates saw these themes manifested and which provided insights into the organization of similar institutions in Pakistan. Each section 5 includes the delegation's recommendations for consideration in Pakistan. • A. The Judiciary S In meetings with Chief Justice of the Supreme Court Ismail Mahomed, Minister of Justice Abdullah Mohammed Omar and Judge Albie Sachs from the Constitutional Court, the delegation S noted that the selection and regulation ofjudges, overseen by the Judicial Selection Committee, was S particularly free from political influence. The Judicial Service Commission, established by the 1993 • Constitution, plays a significant role in monitoring and maintaining the integrity of the judiciary. The Commission membership is broadly based and includes: S • The Chief Justice of the Supreme Court; 5 • The President of the Constitutional Court; 5 • A member of the cabinet responsible for administration ofjustice or his designated alternate; Two practicing attorneys nominated from within their profession and appointed by S the President; 5 a Two practicing advocates nominated from within their profession and appointed by the President; a A representative of academia; • Six members of the National Assembly, at least three of whom must be members of S opposition parties represented in the National Assembly; 5 a Four representatives from the National Council of Provinces; and O a Four persons designated by the President in consultation with the National Assembly. S S O 4 S S S S S S S 9 Judicial recommendations are made by the Judicial Selection Committee with nominations • open to all. Delegation members were particularly struck by the fact that the public could witness the interviews of the nominees and that the list of nominees was made public before a final candidate was selected by the President. The process was further protected by the fact that the president's final S choice had to be from the selection committee's list. Minister of Justice Dullah Omar said that a • crucial component in establishing an independent judiciary in South Africa was separating the selection process from the executive branch. The delegation saw the separation ofjudicial selection from the executive as a positive arrangement and one that would ensure that judges were selected on the basis of merit rather than for the purpose of political patronage. Judicial independence was • also enhanced by the difficult process established for the dismissal of judges who were tenured through retirement age and could only be dismissed for gross misconduct. The South African officials explained that all of these protective measures had been established to promote public confidence in the judicial system, which had been absent among the majority of the population under apartheid. Judge Sachs noted that confidence in the judicial s~'steffi was critical for South Africa's S future. Delegation members commented that a structure similar to the Judicial Selection Committee, 5 separate from the executive, would be useful in Pakistan and would contribute significantly to an independent Pakistani judicial system. Recommendations/or consideration S • • Create an open and transparent selection process for judges and ensure an impartial 5 judiciary. S Select judges on the basis of merit rather than for the purpose of political patronage. S • • Examine the possibility of establishing a judicial selection committee. S 5 • Make the judicial selection committee independent of the executive. S a Ensure sufficient remuneration for judges to promote honesty. S B. The Public Protector S The delegation was impressed by the Office of the Public Protector, which enjoyed a much 5 wider mandate than Pakistan's similar institution, the Office of the Ombudsman. South Africa's • Office of the Public Protector is a completely independent institution that has jurisdiction over all public officials, including the President. Like judges, the Public Protector is selected through a transparent process and approved with multipartisan support by the parliament. 5 In documents and comments provided to the delegation, the current Public Protector, Selby • Baqwa, explained that the independence of the Public Protector is enshrined in South Africa's Constitution. The terms of reference of the Public Protector are outlined in section 112 of the 1993 S O 5 S S 0 S S S 0 • Constitution of South Africa and also in section 6(4) of the Public Protector Act of 1994. The Act • states that the duty of the Public Protector is, S firstly, to investigate upon own initiative or, upon receipt of a complaint, any alleged 5 maladministration in connection with the affairs of government at any level or any institution in which the State is the majority or controlling shareholder, or of any public entity as defined in the reporting by Public Entities Act 1992 (Act 93 of 1992). Secondly, the Public Protector is authorized to 5 investigate the abuse or unjustifiable exercise of power or unfair, capricious, discourteous or any other improper conduct or undue delay on the part of a person performing a public function. Thirdly, it is S his/her duty to investigate improper advantage or promise of such enrichment or advantage by a • person as a result of an act or omission on the part of a person performing a public function. Finally. it is also the duty of the Public Protector to investigate any act or omission on the part of a person in S public office that will result in unlawful or improper prejudice to any other person. S 5 The Public Protector can report a matter to parliament, which would then debate the matter and ensure that the recommendations were followed. The Public Protector can investigate government officials at any level, including local authorities and representatives of central and S provincial government departments. The Public Protector can also investigate anyone performing 5 a public function, including anyone -- such as a police officer or an electoral officer -- performing 5 any official duty that affects all, or part of, the people of South Africa. The conduct of corporations or companies in which the state is involved may also fall under the Public Protector's jurisdiction. The Public Protector cannot investigate rulings by judges and magistrates, actions by private S companies, private actions by individuals, or actions by doctors and lawyers who are not working 5 for the state. S Beyond giving the Public Protector's Office full financial and political autonomy, South Africa has devised a selection process that ensures that the Public Protector's nomination is approved S by a two-thirds majority of the National Assembly, which in South Africa ensures that the selection 5 receives multiparty support. The Pakistani delegates were particularly interested in South Africa's • efforts to build confidence in institutions such as the Public Protector through multipartisan political • support. The credibility of an official such as the Public Protector depends on all parties accepting him or her as a fair and nonpartisan agent and not viewing him or her as a tool for political • victimization of one party or individual. Members of the delegation asked if the selection process 5 could be undermined by having a candidate for Public Protector lobby parliamentarians for the job. The South African officials responded that it would be difficult for this to happen since candidates must rely on support from more than one party. But more significantly, South African Public Protector Baqwa explained that if the public thought that a candidate for the Public Protector S position was lobbying parliament, his or her candidacy would be tainted and he or she would likely 5 be rejected. 5 The delegation noted that the Public Protector in South Africa is a true watchdog, S investigating corruption on a day-to-day basis, not years after incidents occur. The Public Protector 0 is also proactive and can initiate his or her own investigations, an important aspect of the Public • Protector's autonomy. The delegation agreed that the Office of the Ombudsman in Pakistan should S O 6 S S 0 S S S 0 be examined and possibly imbued with some of the characteristics and powers of South Africa's Public Protector, such as a multipartisan, transparent selection process, complete independence and a broader jurisdiction. • Baqwa noted that despite the Public Protector's powerful mandate, his office was understaffed and lacked enforcement powers. Nonetheless, all of his office's recommendations to date had been implemented. He commented that citizens had been registering complaints at an ever- increasing rate relating to issues such as nongovernment pensions and problems with electricity, 5 telephones, the police, road signs and customs. He noted that he believes, however, that the increase 0 in complaints is a reflection of the public's confidence in the office and the service it renders. 5 Baqwa also explained that his office has launched an information campaign that seeks to inform • citizens of their rights. It includes the use of pamphlets, radio and television talk-shows, videos, lectures and seminars to enhance the public's awareness of the Public Protector. Baqwa has constitutional powers to establish provincial public protector offices, which, he believes, will greatly • enhance his ability to respond to public complaints. S Recommendations for consideration • Allow the Office of the Ombudsman in Pakistan full financial and political 0 autonomy. 0 Require that the Ombudsman be selected through multiparty consensus. S Include under the Ombudsman's jurisdiction the conduct of corporations or • companies in which the state is involved. S O Make the recommendations of the Ombudsman effective and enforceable. • C. The Truth and Reconciliation Commission S The delegation members were impressed by South Africa's innovative approach to conflict resolution through the Truth and Reconciliation Commission (TRC), which they saw as a creative way to move beyond the stalemate and recriminations of longstanding disputes. According to the S act creating the TRC, the commission is: 0 to provide for the investigation and the establishment of as complete a picture as possible of the nature, causes and extent of gross violations of human rights committed during the period from I • March 1960 to the cut-off date contemplated in the Constitution, within or outside the Republic, emanating from the conflicts of the past, and the fate or whereabouts of the victims of such violations; the granting of amnesty to persons who make full disclosure of all the relevant facts relating to acts S associated with a political objective committed in the course of the conflicts of the past during the said period, affording victims an opportunity to relate the violations they suffered; the taking of measures aimed at the granting of reparation to, and the rehabilitation and the restoration of the human and civil 5 dignity of victims of violations of human rights; reporting to the nation about such violations and S • 7 0 S 0 S S S S • victims; the making of recommendations aimed at the prevention of the commission of gross violations of human rights; and for the said purposes to provide for the establishment of a Truth and S Reconciliation Commission, comprising a Committee on Human Rights Violations, a committee on • Amnesty and a Committee on Reparation and Rehabilitation. 5 The Commission is based on the stated constitutional principles that "the pursuit of national 0 unity, the well-being of all South African citizens and peace require reconciliation between the 5 people of South Africa and the reconstruction of society and that there is a need for understanding, 5 but not for vengeance, a need for reparation but not for retaliation, a need for ubuntu [inclusion, cooperation] but not for victimization." The delegation found this initiative to be a unique and extremely constructive process for allowing the country to avoid political deadlock caused by S historical recriminations and move forward toward meaningful reconciliation. Like other 5 commissions, the TRC is broadly representative and carries out its duties in a transparent manner. S Recommendation for consideration S Investigate whether and how a commission similar to the Truth and Reconciliation 5 Commission could be used in resolving Pakistan's ethnic and sectarian conflicts. S D. Constitutional Commissions S The delegation also found South Africa's use of commissions as oversight bodies to be a 5 useful way to encourage and further accountable government. The Human Rights Commission, for example, serves as an independent body to monitor human rights abuses. According to the South African Constitution, the Human Rights Commission "must promote respect for human rights... 5 [and] promote the protection, development and attainment of human rights." The commission has S the powers to investigate and to report on the observance of human rights, to take steps to secure 5 appropriate redress where human rights have been violated, to carry out research and to educate. Like other South African institutions, the commissions were established and organized in an open and transparent manner and given a wide degree of autonomy. The chief criticism of the 5 commissions was that they lacked the resources to carry out properly their mandates. S 5 Recommendation for consideration 0 Consider establishing oversight commissions in Pakistan to monitor human rights 0 abuses and women's rights. S 5 E. The Parliament 5 In meetings with National Assembly Deputy Speaker Baleka Kgositsile and a roundtable of S opposition and government members of parliament, the delegation found the strong role parliament S played in developing government policy in South Africa to be a positive contribution to the 5 country's political checks and balances. Unlike in Pakistan, parliamentary committees in South S • 8 S S S S S S S 5 Africa have wide autonomy and power. Committees have broad jurisdiction over all aspects of government activities and can summon anyone to explain government policy or behavior. Member of Parliament Johnny de Lange noted that the South African parliamentary committees can even call 5 the President to testify. He added that the Justice and Law Committee had recently called the • Attorney General for questioning, for the first time in South Africa's history. Committees are also able to initiate and amend legislation, as well as to consider any matter deemed to be within their respective jurisdictions. Committee business, which had previously been conducted in secret, is now open to the public. Some committees are also trying to expand their access to the public by holding 0 forums and meetings outside the capital around the country. S 5 Such transparency is mandated by the South African Constitution, which requires an open and accessible parliament. According to the Constitution, the National Assembly must facilitate 0 public involvement in the legislative process and other processes of the Assembly and its S committees, conduct its business in an open manner and hold its sittings and those of its committees • in public. The National Assembly may not exclude the public, including the media, from a sitting 5 of a committee unless it is reasonable and justifiable to do so in an open and democratic society • (South African Constitution, section 59). S South Africa's parliament meets almost year-round and parliamentarians receive significantly S higher remuneration than their Pakistani counterparts. South African parliamentarians receive 5 salaries comparable to those for professional positions in the private sector, while Pakistani • parliamentarians do not. The Pakistani delegates agreed with their South African counterparts that adequate pay for parliamentarians is important to prevent corruption. The delegates also found it S useful that the South African parliament was so closely involved in the development of and debate S over the budget. South African parliamentarians have complete access to budgetary proposals and 5 adequate time to review and critique them. South African parliamentarians noted that one weakness of their parliament was the lack of resources and support available to members. Members generally do not have any personal staff and there is only one secretary for every seven members of S parliament. Furthermore, members generally do not have staff to draft legislation or research 5 proposals. Members who do have staff have it provided by their political parties. South African parliamentarians found this to be a severe hindrance to performing their duties effectively. S Recommendations for consideration • Enable parliament to play a strong role in developing government policy in Pakistan to increase the government's system of checks and balances. S Widen the autonomy and power of the committee system. S • Encourage committees to initiate and amend legislation, as well as to consider any • matter deemed to be within their respective jurisdictions. S S • 9 S S S S S S S 5 Enforce the resolutions and decisions of the parliament strictly, in a timely manner • and not at the discretion of the executive. S Open committee business, currently conducted in secret, to the public. 5 Expand committee access to the public, providing committees with the means to hold • forums and meetings outside the capital. • Give parliamentarians greater access to budgetary proposals and adequate time to S review and critique proposals prior to release. S Employ adequate parliamentary staff for members of parliament. F. Code of Conduct S 5 The delegation spent several sessions discussing South Africa's code of conduct for parliamentarians. The code was established to require parliamentarians to disclose financial information to prevent conflicts of interest and financial malfeasance. According to the report of the • Joint Meeting of the South African Rules Committee, S 5 In order to achieve a political order in South Africa that is truly open, transparent and accountable. as is envisaged in the Constitution, it is essential that its elected leaders maintain the highest standards S of propriety to ensure that their integrity and that of the political institutions in which they serve are 5 beyond question. No set of rules can bind effectively those who are not willing to observe their spirit, nor can any rule of law foresee all possible eventualities which may arise or be devised by human S ingenuity. This code of conduct has been formulated in as simple and direct a manner as possible. 5 Its success depends both first and last on the integrity and good sense of those to whom it applies. 5 Among other things, the code establishes a parliamentary Committee on Members' Interests Swhich is composed of all political parties represented in the National Assembly with the majority 5party having one more vote than the combined total of representatives of all other parties on the committee. The committee is responsible for the overall supervision of the compilation and publication of the Register of Members' Interests, the determination of any complaints in regard to 5the disclosure of members' interests, the recommendation of any sanctions to be imposed on Smembers for contravention of any aspect of this code, and the interpretation of and the giving of 5advice in regard to the operation of this code either generally or upon request by a member. The committee has the power to summon any person to appear or to produce documentary evidence before it and to answer questions put to him or her. Members of parliament are required under the Scode to disclose all shares and financial interests in companies, paid employment outside parliament, Sholding of any directorships and partnerships, consultancies, sponsorships, gifts and hospitality, 5benefits, foreign travel, land and property, and pensions. Disclosure forms are available to the public and the media and, in fact, the information collected through these forms has been published and distributed with assistance from nongovernmental organizations. Members found guilty of failure Sto comply with the code can be reprimanded or fined, or receive a reduction of salary or allowances, S • 10 S S S S S S S 5 a suspension of privileges or a member's right to take his or her seat in parliamentary debates or 5 committees. The amount of any such fine or reduction may not exceed the value of thirty days salary, nor may the period of suspension exceed fifteen days at a time. • The South African code is not without its flaws, but the delegation found it a good first step • toward inhibiting official misconduct. Some opposition members of South Africa's parliament 5 voiced concern that the ruling party held a one vote majority on the Committee on Members' Interests, arguing that this made it less likely that they would investigate their own members. The Pakistani delegates thought the fines imposed were too lenient and therefore did not serve as a • sufficient deterrent. The delegation also questioned whether parliament could effectively police 5 itself. The South African code of conduct is a set of parliamentary rules, rather than a law. The 5 delegates thought it would be more useful to have ethics regulations encoded in law and overseen • by an independent body. S In comparing the code of conduct with Pakistan's disclosure requirements for political 5 candidates, the Pakistani delegation found South Africa's version to be much less comprehensive than their own. In Pakistan, all parliamentary candidates are required to file an exhaustive list of financial holdings, tax returns and outstanding loans, and must ensure that utility and telephone bills have been paid in full. While the Pakistani delegates thought South Africa's code of conduct might S not go far enough, they noted that their own perhaps went too far and was too draconian. The 5 complexity of Pakistan's disclosure requirements has made enforcement as well as compliance • difficult. Any code, the Pakistani delegation stated, should be transparent, unambiguous, rational and not subject to interpretation. It must also be seen as being fairly applied to all persons. S The members of the delegation all felt that simply focusing on financial disclosure was not • sufficient to ensure the integrity of elected officials. One delegate commented that while financial disclosure was important, it was also critical that a code be established to prevent unethical behavior and political victimization of members of parliament. S The delegation also' saw the need to expand codes of conduct or ethics legislation to include 5 other officials. The delegation noted that whereas parliamentarians are held accountable by the electoral process, bureaucrats are not. In Pakistan, as in other countries, bureaucrats hold wide discretionary power and should also be regulated. The South African officials agreed that ethics S regulations should extend broadly throughout society and that a culture of ethical behavior was necessary to ensure the accountability of government officials. Minister Kader Asmal pointed to the 5 Tender Board, which reduces ministers' influence over tenders, and the Civil Servant Commission, which aims to keep civil servants accountable and unbiased in their official actions, as examples of mechanisms for making government more rational and accountable. S S S S O 11 S S S S S S S 5 Recommendations for consideration 5 Develop a code of conduct for parliamentarians that sets rules and penalties that are S not open to interpretation. The code should be transparent, unambiguous and • rational. It must also be perceived as being applied fairly to all persons. S • Lessen the complexity of Pakistan's disclosure requirements that make enforcement as well as compliance difficult. 5 •Expand any code of conduct beyond simply focusing on financial disclosure to 5 ensure honest, independent and transparent conduct of parliamentarians and other • elected officials and to prevent unethical behavior and political victimization of members of parliament. 5 • Expand the code of conduct or ethics legislation to include other officials such as 5 bureaucrats. Enforce the code of conduct by law. S • G. Civil Society S Nongovernmental organizations (NGOs) have played a critical role in South Africa s transition and continue to serve as watchdogs over government activities. The delegation met with S representatives of the Center for Policy Studies, the Institute for a Democratic South Africa (IDASA) S and the Center for the Study of Violence and Reconciliation. These organizations carry out work 5 on a broad range of issues including parliamentary oversight, research and lobbying. Equally important, these groups provide the government not only with research and information, but also a wealth of technical personnel from which to draw. Many members of the present government had, S in fact, been active in NGOs during the apartheid and transition periods. The IDASA representative 5 told the delegation that the role of NGOs has been to create accountable and accessible government • and to help inform and shape public opinion. The IDASA representative described the organization's work on the Open Democracy Bill, which would open government meetings, make government information more accessible to the public and protect whistle-blowers who found S examples of government corruption. The organization not only acted to build public support for the 5 legislation, but also worked closely with the government to shape a final version of the bill. Other NGO representatives spoke of similar efforts in support of accountable government. •The Centre for the Study of Violence and Reconciliation was involved in the preparation of the Sgovernment's national crime prevention strategy document. Part of that program is aimed at 5improving the integrity of the police through training and community forums. Khela Shubane of the •Centre for Policy Studies described the Centre's efforts to conduct research and publish information on the role and future of political parties in South Africa. The Pakistani parliamentarians noted that such nongovernmental organizations were largely absent in their own country and that there was a S • 12 S S S S S S S 5 need for independent institutions that could research important issues and provide policy 5 recommendations to the government. S Reco,nmendations for consideration • Establish a parliamentary institute, similar to the Institute for a Democratic South 5 Africa or the Centre for Policy Studies, that could provide expertise on specific issues to parliamentarians. • Establish and support other independent institutions that could research important 5 issues and provide policy recommendations to the government. S Establish research cells in parliament to provide expertise to parliamentarians on 5 various issues. S 5 Promote a transparent, independent and informative media. S H. Political Parties • The delegation met with a wide range of South Africa's government and opposition political 5 leaders who raised the issue of public funding for political parties. The purpose of public funding • is to reduce the influence of wealthy contributors to candidates and parties. The Pakistani delegation saw the benefit of such funding, but noted that given the economic situation in Pakistan, the S government would have difficulty allocating sufficient funds for such expenditures as well as S justifying those expenditures to the public. Delegation members noted that in Pakistan most 5 candidates fund their campaigns from their personal resources. Such an arrangement, however, • makes it difficult for citizens who are not wealthy to participate in the political process. It was also suggested that in Pakistan this practice discourages women from running for office. S The delegation was also interested in South Africa's success in expanding women's 5 participation in parliament and government. Members of South Africa's majority party, the ANC, • explained that the party requires that 30 percent of its candidates be women. It was noted that this arrangement is more feasible in a country like South Africa that uses a proportional representation list system than in Pakistan, where members of parliament are elected from single-member S constituencies. S • Some members of South Africa's political parties and NGOs commented that they believed it was necessary for South Africa's major political parties, which are products of the apartheid • struggle, to realign themselves in order to become parties with platforms aimed at addressing South S Africa's current situation. It was noted that the ANC, for example, is composed of a diverse • coalition supporting ideologies from communism to capitalism. These divergent parties found • common ground during their opposition to apartheid but were not well equipped to develop a common political and economic agenda for the post-apartheid era. As a result, parties will need to • 13 S S S S S S S 5 regroup under more common ideological banners in the future. During the 'delegation's visit, RoIf • Meyer left the National Party in order to form a new political party for this very reason. He told the delegation that he felt it necessary to form a new party in order to break with the legacy and "baggage" of the past. S 5 Reco,n,nendations for consideration S Increase the number of women who run for public office through party support. • Investigate public funding of political parties. S Encourage political parties to hold democratic elections for party posts to build public confidence. • Require that each party make its manifesto available to the public before every • election. S S S S S S S S S S S S S S S S S S S S S S • 14 S S S S S S S S S S S S S APPENDIX I S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S •ACCOUNTABILITY, ETHICS AND TRANSPARENCY IN GOVERNMENT S Pakistan Study Mission to South Africa 5 May 25 to June 3, 1997 S SCHEDULE • Sunday, May 25 S • 10:10 am Arrive in Johannesburg 5 11:30 pm Check-in • Venue: 10 Second Avenue, Houghton Estates S • 1:30-3:00 pm LunchlOverview 5 Venue: Hotel • 7:00 pm Reception • Venue: Lounge 5 7:30pm Dinner Hon. Valli Moosa, Minister of Provincial Affairs and Constitutional S Development 5 Venue: Houghton Estates S 5 Monday, May 26 • 8:00 am Depart for Pretoria 5 Venue: Lobby, Houghton Estates S 9:00 am Mr. Chichanga, Director General, Department of Justice Venue: Ministry of Justice, 260 Walker Street, Pretoria S • 11:00 am Hon. Roelf Meyer, Member of Parliament Venue: F.W. de Klerk Building, do Leyds and Sibelius, Lukasrand, Pretoria S S Mr. Meyer was one of the two principal architects of the negotiation process 5 that ended apartheid and that led to the establishment of South Africa's new democracy. Mr. Meyer was previously the secretary general of the National Party although he has recently left the party to establish a new political S movement. S S S S S S S 0 • 12:00 pm Mr. Selby Baqwa, Public Protector • Venue: 9th Floor, Sinodale Centre, 228 Visage Street, Pretoria S The Office of the Public Protector is a critical institution for holding S government accountable. The Public Protector responds to complaints which 5 may be put forth by any citizen of the country and conducts investigations • into possible malfeasance. S 1:00pm Lunch • 1:30 pm Depart for Johannesburg S 2:45 pm Mr. Khela Shubane, Centre for Policy Studies Venue: 130 Sivewright Avenue, Doornfontein S • Civil society organizations play an important role in South Africa. The • Centre for Policy Studies is one of South Africa's major research institutes for public policy. • 4:00 pmHon. Albie Sachs, Judge, Constitutional Court 5 Venue: Constitutional Court, 2nd Floor, Forum II 0 Judge Sachs was an anti-apartheid and human rights activist in South Africa. S His nomination to the Constitutional Court signaled a move toward the S political liberalization of the courts in South Africa. As a member of the • Constitutional Court, Judge Sachs played a role in the certification process • of the Constitution and now oversees its implementation. S 8:30pm Dinner • His Excellency A. Ahmed, High Commissioner of Pakistan 5 Hon. Trevor Fowler, Speaker of the Gauteng Legislature Five members of parliament Venue: Gastriles, 5 Ester Huizen Road Sandown • The Gauteng legislature is one of the more inventive legislatures in the world. 5 Mr. Fowler, as the speaker of the Gauteng legislature, has led the development of an extremely progressive set of rules that promote public participation and the rights of both minority and majority parties. • Tuesday, May 27 S 8:30 am BreakfastlOverview • 10:00 am Depart for Airport S S S S S S 0 S • 11:30 am Depart for Cape Town S 1:40 pm Check-in Venue: The Town House Hotel S • 3:00 pm Mr. H. E. Kleuver, Auditor General 5 Venue: 120 Plain Street, 15th floor #1539 5 Financial management is a central aspect of government accountability. S The Auditor General is responsible for providing oversight of department • expenditures and contracts. 5 4:30 pm Mr. Peter Lilenfield, Acting Registrar, Ethics Office 5 ' Venue: E305 New Assembly Chamber S • Mr. Lilenfield has served as a secretary of the parliament for many years but has recently been appointed as the registrar of parliament. As registrar, he has been responsible for implementing the code of conduct and its provisions regarding financial disclosure. • 7:30pm Dinner S Wednesday, May 28 S • 7:30 am Depart Hotel S • 8:00 am Hon. Johnny de Lange, Chairperson, Justice Committee Venue: V 226 Old Assembly Building S As Chairperson of the Justice Committee, Mr. de Lange is responsible for 5 developing the legislative framework for the country's judicial system and for providing oversight of its implementation. • 10:00-12:00 pm Parliamentary Roundtable 5 Ethics Sub-Committee S Hon. Patricia de Lille, MP, PAC Hon. Lawrence Mushwana, MP, ANC S Hon. Piet Mathee, MP, NP 5 Hon. Douglas Gibson, MP, DP • Hon. Louis Green, MP, ACDP Hon. Rozier de Ville, MP, Freedom Front Hon. Sybil Seaton, MP, IFP S Venue: Parliament, Room E305 New Assembly Chamber S S S S S S S 5 The Subcommittee on Ethics developed a code of conduct that requires • financial disclosure and aims to prevent conflicts of interest. The code also • established a parliamentary Committee on Members' Interests to implement the other provisions of the code. The participants in this roundtable • discussion served on both the committees. S • 12:00-1:30 pm Lunch • Hon. Baleka Kgositsile, Deputy Speaker Venue: Parliament, Old Assembly Dinning Room • The Deputy Speaker is responsible for officiating plenary sessions and • coordinating the development of the National Assembly's capacity. The • Deputy Speaker was also highly involved in the negotiations that created South Africa's new democracy. • 2:00 pm Hon. Abdullah Mohammed Omar, Minister of Justice • Venue: 518,5th Floor, 120 Plein Street 5 As Minister of Justice, Mr. Omar is responsible for the implementation of • constitutional provisions regarding the judicial branch of government. Mr. • Omar is also the Chairman of the ANC in the Western Cape Province. S 3:00 pm Question Hour in the National Assembly Venue: Speaker's Chamber, National Assembly S • 5:30 pm Hon. Kader Asmal, Minister of Water and Chair of the Ethics Committee • Venue: 15th Floor, #1518, 120 Plein Street S Minister Kader Asmal is widely regarded as one of the country's most S successful ministers in terms of government reform and service delivery. As 5 chair of the two ethics committees, Professor Asmal also led the development • of the code of conduct. • 6:00 pm Free Time 0 • 8:00pm Dinner Hon. Sheila Camerer, NP, and other MPs Venue: Annatollie's S • Thursday, May 29 S • 8:00 am Preparatory Session NDI • Venue: The Town House Hotel S S S S S S S S • 9:30 am Depart Hotel 0 NGO Roundtable 10:00-12:00 pm Institute for a Democratic South Africa (IDASA) • Venue: IDASA S • IDASA is an NGO that is active in conducting oversight of government. Its publication "The Whip" is dedicated to news about parliament. The Institute S also conducts programs to support reforms in the budget process and • regularly convenes conferences on key issues to democratic development. S • 2:00 pm Dr. Fink Haysom, Advisor to the President Venue: OPC building S Professor Haysom is the principal legal advisor to President Nelson • Mandela. He is responsible for the development of legislation with regard • to the funding of political parties, a code of conduct for the cabinet and a series of proposals concerning financial reforms in government. • 5:00 pm Depart Hotel S • 6:35 pm Depart for Johannesburg S Friday, May 30 S • 9:30 am Depart Hotel 0 10:00 am Mr. Graeme Simpson, Director, Centre for the Study of Violence and Reconciliation • Venue: CSVR Office, #49 Jorrison Street, 8th floor, Parking on Melle Street, • Devonshire House NGOs have been instrumental in promoting forums for conflict resolution • and reconciliation. The Centre for the Study of Violence and Reconciliation • has played this role both in the negotiations that ended apartheid and in 5 current efforts to combat corruption and crime. 0 11:00 am His Excellency M. G. Tokyo Sexwale, Premier, Gauteng Province S Venue: Pakistan Trade Commission, 59 Oxford Road, Saxon Wold 2196 S • 12:30 pm Depart Hotel 5 1:00 pm Friday Prayers • Venue: Mayfield Mosque S S 0 S S Mr. Jeremy Cronin, Secretary General, South African Communist Party Venue: Communist Party Office The ANC is, in fact, a coalition of the ANC political party, the major union Cosatu and the Communist Party. Members of the Communist Party are serving in parliament as members of the larger ANC. Dr. Yasmeen Sooka, Vice Chair, Human Rights Violation (HRV) Committee, Truth & Reconciliation Commission Also attending: Dr. Fazel Randera Mr. Wynand Malan Mr. Russle Ally Mr. Piet Meriring Mr. Tom Manthata Mr. Paul Van Zyl Mr. Ruben Richards Mr. Patrick Kelly Ms. Janis Grobbelaar Ms. Laura Pollicut Commissioner Commissioner HRV Committee Member R & R Committee Member R & R Committee member Commission Executive Secretary HRV Secretary Regional Manager Information Manager Communications Officer Venue: TRC Office, Johannesburg, Sanlam Centre, 10th floor corner Jeppe and Vonweilligh The Truth and Reconciliation Commission (TRC) was established as part of the transitional arrangements. The TRC is responsible for conducting hearings on the atrocities that were committed under apartheid and for granting amnesty for politically motivated crimes. Her Excellency Ivy Matsephe Casaburi, Premier, Free State Free Afternoon Free Day 2:30 pm 5:00 pm 7' S S S S 0 S S S S 5 S S S S S S S S 0 S S S S S S S S S S S S S S S S S S S S S S Saturday, May 31 9:30 am Sunday, June 1 S S S 5 Monday, June 2 S 9:00 am Preparatory Session 5 ' NDI S Venue: The Courtyard Hotel S 9:30 am Ms. Helen Suzman, Political Commentator Venue: The Courtyard Hotel • As a member of the Progressive Party (now the Democratic Party), Ms. 5 Suzman led the fight within parliament against apartheid. She was a • consistent voice against the abuses of the previous government and contributed to the political pressure that forced negotiations. • 12:30 pm Depart Hotel S • 1:00-2:30 pm Media Panel/Lunch Foundation for Global Dialogue 0 The Sowetan S Sunday Independent • The Star • City Press Sunday Argus SABC S • Venue: FGD office, Bromfontein, 8th floor Bromfontein Center, 23 Jorrison • Street S Freedom of the press is tightly guarded as a primary means of ensuring • government accountability. The role of the media in South Africa, 5 however, is a highly controversial topic. President Mandela regularly criticizes the media for taking a negative reactionary view of the transition, while the media largely views itself as a guardian of the public's trust. 0 • 3:00 pm Dr. Frederik Van Zyl Slabbert, Political Commentator • Venue: Atrium Building, corner of 7th Avenue & Rustinburg Road, Melville 5 Dr. Slabbert is a well known political commentator who has been involved S in South Africa's election processes and was the founder of the NGO • IDASA. S 4:00-7:30 pm Free Time • 7:30 pm Depart Hotel 0 S S S 0 8:00 pm Tuesday, June 3 8:30 am 9:15 am 10:00 am 11:30am 1:00 pm 4:00 pm 7:00 pm Farewell Dinner Preparatory Session NDI Venue: Hotel Depart Hotel Hon. Ismail Mahomed, Chief Justice, Supreme Court Accompanied by His Excellency A. Ahmed, High Commissioner of Pakistan Venue: Constitutional Court, Chief Justice Chambers Justice Mahomed was the first chief justice to be appointed in the new dispensation. He is responsible for leading the transformation of the courts to conform to the new constitutional framework. Debriefing and Discussion of Report NDI Venue: Courtyard Hotel, Rosebank Lunch/Free Depart for Airport Depart for Pakistan S S S 0 S S S S S S S S S S 0 S S S 0 0 S S S S S 0 0 S S S S S S 0 S S S S S S S S S S S 0 S S S 5 APPENDIX II S S S S S S S 0 0 S S S S 0 S S S S S S S S S S S S 0 0 S S S S S S S S S 5 S S NATIONAL DEMOCRATIC INSTITUTE FOR INTERNATIONAL AFFAIRS S S The National Democratic Institute for International Affairs (NDI) is a nonprofit organization working S to strengthen and expand democracy worldwide. Calling on a global network of volunteer experts, NDI 5 provides practical assistance to civic and political leaders advancing democratic values, practices and institutions. The Institute works with courageous democrats who are struggling to promote peaceful 5 political reform. It establishes partnerships with political leaders who have begun the difficult task of S building stable pluralistic institutions and creating better lives for their citizens. S Democracy depends on legislatures that represent citizens and oversee the executive, independent 5 judiciaries that safeguard the rule of law, political parties that are open and accountable, and elections S in which voters freely choose their representatives in government. Acting as a catalyst for democratic 5 development, NDI bolsters the institutions and processes that allow democracy to flourish. S Build Political and Civic Organizations: NDI helps build the stable, broad-based and well-organized S institutions that form the foundation of a strong civic culture. Democracy depends on these mediating • institutions—the voice of an informed citizenry, which link citizens to their government and to one • another by providing avenues for participation in public policy. S Safeguard Elections: NDI promotes open and democratic elections. Political parties and governments 5 have asked NDI to study electoral codes and to recommend improvements. The Institute also provides technical assistance for political parties and civic groups to conduct voter education campaigns and to organize election monitoring programs. NDI is a world leader in election monitoring, having organized S international delegations to monitor elections in dozens of countries, helping to ensure that polling • results reflect the will of the people. S Promote Openness and Accountability: NDI responds to requests from leaders of government, S parliament, political parties and civic groups seeking advice on matters from legislative procedures to 5 constituent service to the balance of civil-military relations in a democracy. NDI works to build legislatures and local governments that are professional, accountable, open and responsive to their 5 citizens. S International cooperation is key to promoting democracy effectively and efficiently. It also conveys a deeper message to new and emerging democracies that while autocracies are inherently isolated and fearful of the outside world, democracies can count on international allies and an active support system. S Headquartered in Washington D.C., with field offices in in every region of the world, NDI compliments 5 the skills of its staff by enlisting volunteer experts from around the world, many of whom are veterans 5 of democratic struggles in their own countries and share valuable perspectives on democratic development. S S S S S S •.SS•S,S.S•••SSSSSSSSSS•SSSSSSSSSSSSSSSSSSSS