Abstract:
This research is essentially aimed at critically evaluating a discretion of
Parliament to broadcast its own proceedings within the current constitutional
framework. In doing so, it draws a distinction between the role of Parliament in
a Westminster system and the current South Africa’s constitutional democracy.
South Africa’s constitutional democracy is designed such that the marginalised
or voiceless people of the country have a mechanism to be heard. In order to
give voice to these marginalised people, Parliament must endeavour to reach
as many people as possible. In the modern age of technology, this will include
broadcasting of its own proceedings to enable people who do not live or work
close to Parliament, to watch the proceedings on television or through other
media platforms. This is in line with the nature of South Africa’s democracy and
its parliamentary system, which obliges that state institutions must be open and
transparent.
This research will explain and highlight the legal obligations that Parliament has
in terms of sections 59 and 72 of the Constitution to conduct its affairs in an
open and transparent manner. These obligations must be read together with an
obligation to respect, protect, promote and fulfil the rights enshrined in the Bill
of Rights. This research will argue that Parliament must take all reasonable
steps to ensure that its proceedings are easily and freely available to all who
are interested in them, including broadcasting of any disruption by the members
of Parliament. Thus, Parliament cannot prevent or unreasonably limit media
access for the purpose of broadcasting its own proceeding as it could well be
in contravention of the founding principles of SA’s constitutional democracy.
