A critical evaluation of the discretion of the South African parliament to broadcast its own proceedings

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.