The new Government of National Unity (GNU) is in the best interest of South Africa and its people, says Democratic Alliance (DA) Member of Parliament Glynnis Breytenbach, who has been chosen to resume her position on the Judicial Service Commission (JSC) for another five-year term.
Her fellow DA members, Michael Bagraim and Darren Bergman, who also occupy positions in the GNU, say the new government has already brought positive changes to the country.
Bergman, a DA whip in the National Assembly and a member of the planning, monitoring, and evaluation portfolio which is in the office of the Presidency, says the GNU has given many a renewed sense of hope. “You can feel it in the markets and headlines and on the streets,” he says. “A lot more people are wanting to engage around political activity.”
Bagraim, elected to the National Assembly in 2014, says the GNU has led to positivity in civil society and small businesses wanting to reinvest and employ. “It is like a breath of fresh air to hear how entrepreneurs want to take up this new challenge immediately,” he says. “On a personal level, I’m feeling a lot more positive and excited about what can be achieved over these next five years.”
Breytenbach says the GNU is still in its early days, and “we all have to get used to it. We must all work really hard to make this work.”
An advocate, Breytenbach says the role of the members of the National Assembly who sit on the JSC is to “participate in the interviewing of aspirant judges to satisfy ourselves as to their suitability to occupy a space on the bench”.
Bagraim, the DA labour spokesperson, a position he has held for 10 years, is looking forward to continue serving in this position “as the structure of the portfolio committee on employment and labour has become far more effective and my voice has become a lot more powerful. Under the GNU, I’m finding that my ideas have more traction.”
Bergman, a DA Member of Parliament since 2014, says, “Given the gravitas of my portfolio, it transcends all the ministries and departments and should hold them all to account.”
Breytenbach, known for her infamous stare as a state prosecutor, points out that members of the JSC represent Parliament, not a political party. As the JSC sit twice a year, she will next sit with the other members in October, having already done so with the previous committee in April.
She hopes new Chief Justice Mandisa Maya will follow in the footsteps of her predecessor, Raymond Zondo, by making positive changes to the JSC. Zondo’s changes come on the back of the JSC fielding a lot of criticism in the past. “We certainly learned from our mistakes, and we made changes to the rules of the JSC regarding how we engage people and what precisely it is that we try to achieve,” Breytenbach says. “So, we refocused and I think it made a big positive difference to the JSC. Hopefully going forward, we’ll be able to do a proper, thorough, efficient, and objective job of evaluating aspirant candidates.”
Breytenbach, 63, along with the African National Congress (ANC’s) Soviet Lekganyane (50) and Fasiha Hassan (30); ActionSA’s Athol Trollip (60); Economic Freedom Fighters (EFF) leader Julius Malema (43); and uMkhonto weSizwe (MK’s) John Hlophe (65) will represent Parliament in the JSC.
Breytenbach says each member functions individually in the JSC, so they won’t be working together per se. “It’s not a team effort. We all interview candidates as we see fit within the rules of the JSC. Then we all participate in the deliberations thereafter in order to assess and vote on the fitness of the candidate.”
The DA will continue to oppose the appointment of Hlophe to the JSC, the same body that found him guilty of gross misconduct. “We’re going to the Constitutional Court,” Breytenbach says “We’re taking the decision of the National Assembly on review. That’s not something that you can drive at the JSC as it’s not within the purview of the JSC. The DA, along with other non-governmental organisations, is taking the measure on review to set it aside.”
Breytenbach knows all of the members of the JSC, including Hlophe. “Hlophe has covered himself in disgrace, and has no place on the body like the JSC,” Breytenbach says. “He was found guilty by the JSC of gross misconduct and that led to his impeachment by Parliament. He’s allowed into Parliament as there are no rules to prevent him from being in it.” Breytenbach describes this as “a lacuna in the law which must be addressed. To allow him to go to the JSC is, in my view, irrational and unreasonable.”
The DA has previously been working with other parties on Parliament’s portfolio committees, Breytenbach says. “Just the way we approach things now differs slightly because we’re trying to achieve a common goal. One has to try and find areas of agreement. When there is disagreement, we have to try our best to sort out the differences before we go into the committees.”
The DA had good relationships with certain parties long before the GNU, Bergman says. “Unfortunately, there are some parties in Parliament that are keen to ensure instability and the failure of the GNU. We have to work around that too.”
Breytenbach points out that the alternative to the GNU would be a government run by the ANC in coalition with the EFF or MK. “The EFF and the MK have stated an objective to overturn the Constitution and return South Africa to a Parliament-governed country. We all know what happened the last time there was a Parliament-governed country [during apartheid]. It didn’t turn out well. It leads to despotism.”
Bagraim says the GNU has led to the DA being viewed not only as a powerful voice of opposition but also as the future structure of almost all of the 30 portfolio committees.
The GNU has resulted in the vote for members of the portfolio committees being structured differently. “I will on occasion have more than 50% support on new ideas and amendments,” Bagraim says. “The reality is now much brighter. I fortunately found traction even with the representative from the EFF in spite of our differences. Clearly under the GNU, even with those outside national unity, the approach has been more accommodating and, dare I say it, friendly.”
