Parliament’s oversight obligation for defence spending should not be sacrificed on the altar of state security, writes Justin Sylvester
According to the Constitution, the South African National Defence Force (SANDF) serves Parliament and it is Parliament that is required to exercise legislative control over the military.
As the manager of the military, the executive is thus accountable to Parliament.
But a worrying trend has emerged during the exercise of Parliament’s oversight role performed by the parliamentary committee responsible for defence, the Portfolio Committee on Defence and Military Veterans (PCD).
Or at least this seems to be the view of the new Minister for Defence, Lindiwe Sisulu.
Recently, the minister argued that key briefings by the Department of Defence (DOD) to the committee be held behind closed doors. She went on to lament the recent trend of meetings open to the public, citing that this practice threatened state security.
This followed a recent question on the state of readiness of the SANDF by the Democratic Alliance.
The oversight committee, in accordance with its constitutional obligation, then request-ed a briefing by the DOD on the matter. But, during her recent budget speech, the Minister’s response to this request, supported by the DOD, was to insist that the briefing be held behind closed doors due to concerns of state security.
If this becomes a trend, it would be worrying.
But the minister went further in her subsequent address to the media and stated that although she was pleased with the SANDF’s current state of readiness, it still required further expenditure on military hardware.
This is even more problematic, given that the minister of defence would presumably need to lobby for greater expenditure on military hardware, yet uses the issue of state security to insist that the briefing be held in camera.
However the two arguments are intrinsically linked. The Minister cannot request great-er expenditure without informing the public about the SANDF’s state of readiness.
This is about balancing the necessity of secrecy when dealing with state security and the necessity of transparency over defence issues in a democracy.
The SA Constitution places state security under the authority of Parliament and entrenches Parliament’s powers of oversight over issues relating to state security.
Although not involved in the day-to-day management of the military (which is the job of Minister Sisulu and the DOD), Parliament holds a number of functions and powers in this regard.
Three of these powers are pertinent to this issue.
Firstly, Parliament decides whether to deploy the SANDF.
Secondly, Parliament has the obligation to authorise and scrutinise any expenditure relating to defence.
Thirdly, Parliament decides whether to, and which, hardware to procure for the military.
It then follows that the minister is, as a member of the national assembly herself, dir-ectly accountable to the committee with regard to issues of the SANDF’s state of readiness, as well as expenditure on military hardware. But the rub lies in that Parliament serves an electoral mandate to South Africa’s citizens.
A key characteristic of this mandate is that committee meetings, particularly those where the executive is held to account, be open to the public.
This key facet of Parliament’s democratic obligation to exercise oversight should not be sacrificed on the altar of state security.
Naturally the SANDF is engaged in sensitive operations and intelligence gathering, which indeed requires that a balance be struck between a closed doors approach and transparency. And this is, at times, a difficult balance to maintain as the tendency exists for executives to be secretive on issues of state security and defence, as opposed to being more transparent.
But greater transparency on defence issues should not be a worrying trend. It is intrinsic to the role of defence in a democracy. Transparency was glaringly absent during the apartheid era.
Where the military was co-opted into the executive via the old State Security Council and Parliament was unable to hold either to account for increasing military expenditure.
Much ground has been gained in democratising our country’s security architecture post-1994. But since democracy is a perpetual process, it would be detrimental to begin pursuing greater secrecy over defence issues when, in fact, we should be moving towards greater transparency.
While legislative oversight should operate in a proactive manner, Parliament has largely displayed a retroactive attitude to oversight over defence.
The National Conventional Arms Control Committee man-dated to approve arms acquisitions and sales into and out of South Africa respectively, has further compounded the problem by sidelining Parliament’s oversight role over defence
The PCD is not able to participate in the NCACC’s review of applications for arms acquisition or sales.
The committee is often presented with cases of fait accompli, while the final destination of arms sales, as well as information on the relevant arms, is only shared confidentially with members of the committee.
The infamous Arms Deal teaches us that military expenditure and procurement can lead democracies into murky waters, with accountability, transparency and citizens as the main casualties.
Moreover, it highlights the pitfalls of what happens when the executive, and not Parliament, sets the defence agenda.
Parliament, for all its faults, provides an important space where much information is released into the public domain, which would otherwise have remained shrouded in secrecy.
Readiness
If the Minister and the DOD insist that the SANDF requires further expenditure for military hardware, it would be better for democracy that they explain why in public.
This would best be done in a briefing to the PCD that is open to the public.
They should explain to the committee the SANDF’s state of readiness and why further military expenditure should be prioritised in a time of recession, mounting labour disputes and a crippled health and education system.
Democracy would be better served by greater transparency over defence issues, particularly with regards to expenditure.
Using state security as an excuse for the lack of transparency in our democracy is indeed the worrying trend. The public have a right to know.
l Justin Sylvester is a political researcher for the Political Information & Monitoring Service