The speaker of the National Assembly, Saara Kuugongelwa-Amadhila, says legislative delays in the parliament are caused by parliamentary rules.
This comes after Institute for Public Policy Research (IPPR) director Graham Hopwood raised concerns about delays in passing laws weakening the ability of a government to govern.
Last year, the parliament only passed the budget bill.
“The speaker bears a lot of responsibility,” Hopwood said at an IPPR event last Monday.
Responding to questions sent to her last week, the speaker said rules are set by the assembly itself, and not by her.
“These rules prescribe an order in which matters before the assembly are to be considered and the modalities for doing so. For example, the routine of business allows for notices of questions and motions, presentations of reports and ministerial statements every day,” Kuugongelwa-Amadhila said.
All these items are placed before the order of the day, which is the agenda the parliament follows and includes debating bills.
Kuugongelwa-Amadhila said she has consulted parties’ chief whips on how to balance the time spent between legislation, oversight and representation.
“Through such consultations, the assembly agreed on special sitting days to consider urgent items, including bills and the filling of vacancies on constitutional bodies,” she said.
She said she has also set time limits for certain items, including notices of questions and motions, reports and ministerial statements.
“The draft legislations have also been prioritised on the order of the day, as per flexibility provided under rule 119, in an effort to support the expeditious passing of laws,” she said.
This is how the mental health bill was passed this year, she said.
But beyond these, it is up to the National Assembly itself to change any rules that could expedite processes of passing legislation in the house.
The rules of parliament determine what happens during each parliament sitting and in what sequence, Kuugongelwa-Amadhila said.
“The rules vest the decision-making powers of the assembly during a sitting with an appropriate majority, including the power to suspend certain rules if that is required for expedient conduct of the proceedings of the assembly,” she said.
Political analyst Rui Tyitende says the delays in the parliament are caused by changes in political power between parties over the years.
“Historically, the National Assembly has been a talking shop and an extension of the Cabinet,” he says.
He says both houses of parliament essentially existed to rubber-stamp decisions other parts of the government have made.
Now that Swapo’s majority in the parliament has decreased, opposition parties are asking critical questions before laws are passed.
“So, it is not the rules of the house that are delaying laws from being passed, but an erosion of the unfettered power Swapo used to enjoy. It is competitive democracy in practice,” Tyitende says.
