This month’s oversight visit to the SA Navy fleet headquarters by the Select Committee on Security and Justice (SCSJ) was, in part, a closed one because information of a “confidential nature” impacting on national security was on the briefing agenda.
Not allowing general access – including media – to defence oversight visits and briefings by any of Parliament’s three defence committees is rare, an insider preferring anonymity told defenceWeb, adding it could be justified if sensitive matters are on the agenda.
“The general principle of Parliament is to be a transparent institution, known as the ‘Peoples’ Parliament’. This is aligned to Members of Parliament (MPs) being representatives of the public and their actions should be visible.”
With this in mind, closed meetings are the exception and special application has to be made as per the various rules governing Parliament and how it operates.
The applicable rule invoked during the Simon’s Town oversight visit and briefing was NCOP 127.
It reads: “Meetings of committees and sub-committees are open to the public, including the media, and the chairperson may not exclude the public, including the media, from the meeting, except when – (a) the Constitution, legislation, these Rules or resolutions of the Council provide for the committee or sub-committee to meet in closed session; or (b) the committee or sub-committee is considering a matter which is- (i) of a private nature that is prejudicial to a particular person; (ii) protected under parliamentary privilege, or for any other reason privileged in terms of the law; (iii) confidential in terms of legislation; or (iv)of such a nature that its confidential treatment is for any other reason reasonable and justifiable in an open and democratic society”.
defenceWeb’s source said this rule could require a legal opinion. “To me, it seems the NCOP has more freedom to close a meeting when they feel it is justifiable.”
Defence readiness is seen as “a topic that can be considered closed” he said pointing to a day-long closed Joint Standing Committee (JSCD) session with the SA National Defence Force (SANDF) on the state of combat readiness during the sixth Parliament.
The SCSJ Simon’s Town oversight visit and briefing focussed on the SA Navy (SAN) with committee chair Jane Mananiso on record, via a statement, as saying her committee is ready to work with the maritime service which “committed” to meet targets where it under-achieved.
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