Secretary General of the SADC Parliamentary Forum (SADC-PF), Dr Esau Chiviya, explains the almost impossible mission of convincing Southern African leaders about the need for a regional parliament. Egos and the fears of complete autonomy by the proposed parliament seem to be central to the general lack of interest in these plans, Chiviya tells Toivo Ndjebela.
In a nutshell, what were the founding objectives of the SADC-PF?
This institution came into being in 1996 when a group of speakers from SADC countries expressed the need for a platform for parliamentarians from the region. On 8 September 1997, in Blantyre, Malawi, the SADC Summit of Heads of State formerly established the SADC-PF as platform for parliamentarians to discuss common issues of concern with the ultimate objective of this forum being transformed into a parliamentary framework for SADC. The founding fathers of SADC had seven key objectives, including strengthening the implementation capacity of SADC by involving parliamentarians in SADC affairs.
Looking back, in which areas have you excelled as you tried to deliver on your mandate?
Since 1997, there has been a number of successes. For example, we are very active in the area of election observation. We have excelled in that area and have contributed to the holding of democratic elections in both the SADC region and on the African continent. We were the first African institution to develop a document called Norms and Standards for Elections in Southern Africa, which articulates how democratic elections should be conducted. This came into being in 2001. With regard to election observation, we have developed what we call Benchmarks for Democratic Legislatures, which are there to guide SADC parliaments to transform themselves into becoming more democratic. We also did a barometer for natural resources governance in Southern Africa. Many of our member states are endowed with natural resources but there are issues surrounding exploitation and utilisation of such resources. Whom are they benefiting? So we came up with a document that capacitates parliamentarians to exercise oversight on the executive in terms of how our minerals are exploited and how revenues generated from minerals are being used.
For how long have you been the secretary general of this institution?
Five years. I became SG on the 1st of July 2009 and that term ended on the 30th of June this year. I was re-appointed to the job for another five years in July. The current term runs until 2019.
The originators of the SADC-PF envisaged an autonomous body. With the benefit of hindsight, what helped or created challenges for the forum?
The founding fathers had the idea of the separation of powers between the judiciary, the legislature and the executive – at a national level. They also had the idea that SADC-PF should be an autonomous body. This, however, created problems when we were advocating the transformation of the forum. In order to transform the forum, that decision is supposed to have the blessing of the SADC Summit of Heads of State. Some leaders were saying if we want to be autonomous, why do we approach them for help. I remember in July 2009 when we went for a goodwill mission to Zimbabwe with five speakers to meet President Mugabe, his opening remarks were, “So, I understand you are the people who don’t want to report to anybody” and speakers had to spend time explaining themselves. So he said, “Well, let bygones be bygones. You are prodigal sons who have come back.” So our attempts to remain autonomous have really cost us dearly in terms of lobbying for the transformation of the forum into the SADC regional parliament.
The theme for the 36th Plenary Assembly, currently underway at Vic Falls, Zimbabwe, is ‘SADC Regional Parliament – The Future is Now.’ Please comment on its choice and appropriateness.
We have been lobbying for the transformation of the forum into a regional parliament from as early as 2000. The first time we presented our case to the SADC Summit was in 2004 at the summit held in Mauritius. The response from the summit was that they encourage continuation of the activities of the SADC-PF as is. They argued that member states must first focus on the consolidation of the Pan-African Parliament. They felt we did not need a regional parliament. They said at the time that the idea of establishing a SADC parliament should be considered in the future. So the future is now!
There have been reports that Madagascar might join the forum. How soon can this happen and what good would come out of such a development?
When there was a military takeover in Madagascar, which is against SADC principles, that country was suspended by SADC. That also applied to the parliament of Madagascar. Eventually, elections were held last year December and we were among the observers. The elections were declared free and fair and from there the ban was lifted. So they are now back into our fold.
The forum aspires – as shown in this year’s Plenary Assembly Session theme – to become a SADC Regional Parliament. What good would come out of such a transformation?
The charter establishing the Pan-African Parliament (PAP) says this institution will be anchored on five regional parliaments from East Africa, Southern Africa, Northern Africa, Central Africa and West Africa. The other four regions have their own regional parliaments, except Southern Africa. This means SADC has no united voice on parliamentary matters in PAP. The only input in PAP currently is by individual countries’ parliaments. Another advantage is that a SADC regional parliament will work with other institutions like the SADC Tribunal and so on, which will help achieve SADC regional integration.
How would you describe the appetite for a SADC regional parliament now from the Executive or Heads of State and Government of the region?
We’ve been lobbying with Heads of State and they were all very receptive. Many of them, like presidents Zuma and Mugabe raised the issue of autonomy. The main stumbling block at the moment is to have the issue of the regional parliament placed on the agenda of the SADC Summit so that leaders can formally discuss it and make a decision. To get an item on the agenda, it must pass through the council of ministers. Many of our opponents are on that council and that’s what makes the whole process difficult. We have identified key stakeholders, namely the SADC council of ministers, the committee of the ministers of justice and the troika on defence. We are busy lobbying them to help us get this item on the agenda. We hope the next summit, to be held next August in Botswana, will have this item on its agenda.
If your wishes were to be granted, what would be your immediate priorities?
The first priority will be to prepare a protocol regarding the establishment of the regional parliament, which should define things such as our relationship with other SADC organs. We also need to help SADC with implementation capacity, using the powers of parliaments. There’s a lot of SADC protocol and decisions that are up to now not implemented because of capacity issues. We will also facilitate the ratification, harmonisation and domestication of all protocols that have been passed but are gathering dust in Gaborone (Botswana).
What is the SADC region losing now because it does not have a regional parliament?
In truth, out of all five regions of Africa, SADC is the most organised. However, when it comes to issues of a parliamentary nature we lack a united voice, especially at PAP. Our absence in PAP is a huge blow for the continental parliament. There’s a lot of regional benefits that could emanate from the passing of regional laws. There’s a lot we are losing through the absence of a regional parliament.
Who would fund the regional parliament?
Currently we are funded through two main ways. One, we survive through annual contributions by member parliaments. Each parliament pays a mandatory contribution to help pay administrative costs and staff salaries. Most countries have complied, especially before the global economic crisis. We also have partners who help us by funding some of our programmes. We approach donors and some of them help us.