Conundrum for order in the House

Given the chaotic scenes in the House at the Western Cape Provincial Parliament, the past few weeks, it is clear there is no authority that demands the order.

For the DA they would not only need a suitable Speaker-candidate but there is also the vacant Chief Whip-position. A vacancy contributing to all the drama in the House. Even though there is an Acting Chief Whip, with all the powers and priveleges, it is still acting.

It might appear as if the DA is sitting with a conundrum in filling the vacancies, but within the caucus there are indeed members capable of stepping into the shoes.

Presiding Officer

First prize would be someone who has occupied the hot seat and for that reason Sharna Fernandez would be a good choice.

If continuity and stability is considered the DA might look towards Wendy Philander, one of three current rotating House Chairs. Interestingly most of the time when she presided over sittings the opposition has been friendly towards her and she has been lenient towards the opposition, giving them more attention.

A wild card who could attract alot of criticism but is capable is Andricus van der Westhuizen, this might not be an option the party will consider.

An option the DA would want to consider is Daylin Mitchell, who did well as Deputy Chief Whip. Since his transport and public works ministry was modernized to mobility, he now only condemns public transport incidents and after each road (transport) accident he issues condolences.

Whippery

Daylin Mitchell could also return to the Whippery as Chief Whip. This might also be more accepting for the rest of the caucus, he once served as deputy chair.

I've previously written that a strong candidate, who has the knowledge, to be Chief Whip is Andricus van der Westhuizen. In the position he can use the fact to being one of the older members in the House to get respect and maintain order. 

Should Wendy Philander, who is also DA Women's leader in the province, not be presiding officer she could be considered to maintain order amongst members. Another female and for continuity would be Deidre Baartman, current Deputy Chief Whip.

First prize for the DA would be the party's Federal Chairperson, Ivan Meyer. He is a former chief director of provincial training, lecturer in public policy and local governance and has published work on education, housing, local government and public administration.

Should Fernandez, Mitchell or Meyer vacate the executive, it is highly unlikely Premier Alan Winde will make major changes. He will most probably just fill the vacancy with either Philander or Dan Plato.

The position of Chief Whip become vacant after the sad passing on of Lorraine Botha, in August.

By end November the position of Speaker of the Western Cape Legislature became vacant, on a point of technicality when Masizole Mnqasela's political party membership was terminated. This resulted in him losing his seat as member of the legislature, thus creating the Speaker vacancy.

Mnqasela indicated to his now former party he will approach the courts to reinstate his party membership. This and the fact that he was not removed as Speaker is no reason for the House not to elect a new Speaker.

Winde's new beginning

A week ago I speculated who will feature in Alan Winde’s first Western Cape cabinet. As mentioned then Winde can be consistent and only appoint a replacement for any possible vacancies. Read previous blog here: Winde vote for consistency or change

During a recent interview the guy known as the “jobs”-Premier confirmed he will be re-configuring the current portfolio’s and also look bringing in new younger talent. As Winde puts it: “I am not going to be around forever and we need to prepare now already.”

In the interview Winde was clear that he is looking at re-configuring cabinet to align it with the DA manifesto and only once that part is complete one can start adding names.

The incoming Premier of the Western Cape is advocating for jobs, safer communities, education that does more than the basic and the arts and culture sector to be more than performing arts but a vehicle for job creation. I’ve taken this, along with the DA’s ideal 15 national ministries and came to the following reconfiguration of the provincial executive:

- Health and Social Development
- Cultural Affairs and Sport
- Finance
- Human Settlements
- Community Safety
- Transport and Integrated Planning
- Agriculture, Local Government and International Relations
- Education, Skills & Innovation
- Environmental Affairs & Planning
- Economic Opportunities, Assets & Facilities

Adding names to the portfolio's is not that easy, as it looks...
Bonginkosi Madikizela looks set to return to Human Settlements. 
Nomafrench Mbombo has been very successful in the health portfolio and one would want her to continue with that. Because you can link the two Social Development could be added here.

Anroux Marais has been doing well at Arts, Cultural Affairs & Sport. Who can forget in her first three months she became the first MEC to go swim with lifeguards.

A possible successor at Community Safety is the former chairperson of the standing committee, Mireille Wenger. She is familiar with the portfolio, competent and being a female counts in her favour. Being married to the whistle-blower in the Patricia de Lille-saga, Craig Kesson, might raise the eyebrows though and could make a few people uncomfortable.

Another option is Albert Fritz, who headed the ministry previously. He could possibly also head Transport and Integrated Planning, a portfolio Tertius Simmers could also be given. This was Simmers' portfolio as Garden Route District Municipality MMC.
Simmers could also be given Economic Opportunities, Assets and Facilities. A portfolio currently headed by Beverely Schafer, whom I'm speculating if she does not return to the executive becomes Chief Whip.

Another candidate for Chief Whip is Debbie Schafer. That is if she does not return to Education, Skills and Innovation. Leaving it vacant for Daylin Mitchell.

It is highly unlikely that Anton Bredell will not return to Environmental Affairs and Planning. If he does not... A likely portfolio for Bredell, who is provincial chairperson, would be to move to the vacant Chief Whip position. Some will consider this a demotion and others might raise concern at separating party and state - as both positions are administrative.

A prominent DA member, who served as shadow finance minister, is rumoured to have his eye on the finance ministry.
David Maynier was Winde's campaign manager and is fit for purpose. I have no doubt that he will be included in the executive. 
The trick is that the finance portfolio is viewed as second most important after that of the premier, and both these occupied by white men in a coloured majority province is sending the wrong message.

This means dr. Ivan Meyer could head Agriculture, Local Government and International Relations. Meyer is the DA's deputy federal chairperson and most senior coloured leader in the party and has a good relationship with all three sectors.

As previously said another strong contender for Chief Whip is Andricus van der Westhuizen. The move by the former MP to the provincial legislature is surely not to be closer to retirement. Should Mitchell not be included in the executive he could become deputy Chief Whip. This is the DA showing confidence in the next generation.

Van der Westhuizen could likely also be deputy speaker. He was once upon a time the speaker of Stellenbosch Municipality. Another possible candidate for this position is Masizole Mnqasela, whose promotion is longer overdue.

In the fifth parliament the second most senior portfolio was occupied by a coloured woman. Considering that the former deputy speaker, Piet Pretorius, retired it is highly unlikely the DA will replace Sharna Fernandez as speaker.
For a first term member and speaker she did well. With the Patricia de Lille-saga still fresh, not retaining Fernandez is opening a can of worms and critics will have a field day "attacking" the DA of how people of colour, especially woman, are rejected/demoted if they become too popular.

Winde vote for consistency or change

Votes have been counted, seats allocated and now the real work begins.

The first task of the Premier-designate, Alan Winde, will be to assemble his yes-men and woman. This includes his cabinet and over the following two weeks he will be consulting to appoint that team.

Of the former DA MPLs four are retiring, two moving to the National Assembly and 20 will be returning to the Western Cape Provincial Parliament. Except for Helen Zille retiring her entire cabinet is returning.  Winde can be consistent and only appoint a replacement for himself.

Winde and his DA caucus could also use to their advantage the fact that only 27.80% or 5 of the 18 opposition MPLs are former members and 66.70% have never served in a legislature.

A possible successor for Winde at Community Safety is chairperson of the standing committee, Mirreile Wenger. She knows the portfolio, is competent and being female counts in her favour. Being married to the whistleblower in the Patricia de Lille-saga, Craig Kesson, might raise the eyebrows though and could make a few people uncomfortable.

Another option is moving Albert Fritz, who previously occupied the position. I have two scenarios replacing Fritz at Social Development.

First scenario is Anroux Marais and being replaced at Arts, Culture and Sport by Masizole Mnqasela (let’s be honest his promotion is long overdue).

Second scenario is dr. Ivan Meyer, he previously occupied the position. This leaves vacant the all-important finance portfolio.

A prominent DA member, who served as shadow finance minister, is however moving to the legislature and rumour has it that David Maynier has his eye on the finance ministry.

Maynier was Winde’s campaign manager and fit for purpose, I have no doubt that he will be included in the executive council. The trick is that the finance portfolio is viewed as second most senior after that of premier, and both these occupied by white men in a coloured majority province is sending the wrong message.

Consistency might be a safer bet. Meyer is also deputy federal chairperson of the DA and the most senior coloured leader in the party.

Meyer could make space for Maynier and move to Local Government and Development Planning, but it is highly unlikely that Anton Bredell will move.

A likely portfolio for Bredell, who is provincial chairperson, would be to move to the vacant Chief Whip position. Some will consider this a demotion and others might raise concern at separating party and state as both positions are administrative.

If Bredell is not the new Chief Whip someone who also deserves to be considered is Beverley Schafer. Having a woman in this portfolio could also be the DA silencing critics that their shortage of female leaders.

Schafer’s move to the 5^th floor leaves vacant the Economic Opportunities portfolio, one she could possible be handing over to Maynier – unless the unlikely happen and he and Meyer swap portfolios.

Should Schafer not move another strong contender for Chief Whip is Andricus van der Westhuizen. The former MP’s move to the provincial legislature is surely not to be closer to retirement. In showing confidence in the next generation the Deputy Chief Whip position could likely go to Daylin Mitchell. To date the youngest person to become WCPP MPL and who did well in his first term.

Van der Westhuizen could likely also be deputy speaker. He was once upon a time the speaker of Stellenbosch Municipality. Another possible candidate for this position is Masizole Mnqasela, whose promotion as said is long overdue.

In the fifth parliament the second most important portfolio was occupied by a coloured woman. Considering that the former deputy speaker, Piet Pretorius, retired it is highly unlikely the DA will replace Sharna Fernandez as speaker. Despite some minor flaws, for a first term member and speaker she did well. With the Patricia de Lille-saga still fresh, not retaining her opens a can of worms – critics will have a field day ‘attacking’ the DA of how people of colour, especially woman, are rejected/demoted if they become too popular.

So here’s my three list:

Point of Order to disrupt

Democracy was the biggest loser when the ANC in the Western Cape Legislature disappointed me on Friday 20^th February 2015. Their disruptions took place less than 24 hours after the head of state appealed to all to be calm, respect our democratic institutions and to play the ball not the man.

The ANC clearly copied the EFF when starting the sitting with a Point of Order, they also copied the EFF by trying to make it as difficult as possible for the Speaker and for her to call in security to remove members. It is clear parties entered the chamber with a plan.

While both parties made some blunders no one really scored, but it is the ANC who looks like the biggest loser.

Whether intentional or not, EFF tactics were copied disrupting a sitting of a democratic institution. This happened at Parliament and now also at two provincial legislatures. While these actions show after two decades our democracy is maturing, it also holds a threat as soon municipal councillors will copy these disruptive tactics and try it during their meetings – that would be a sad day for democracy as municipal councils meet once a quarter and service delivery will suffer from this.

ANC Chief Whip, Pierre Uys, was within his right to raise a point of order. His point of order was on an incident that occurred on December 4^th, 2014 – where racist remarks were made by the Premier of the Western Cape and the Leader of the Official Opposition in the legislature, the Zille withdrew her remark, but Fransman refused. Speaker Sharna Fernandez responded to Uys' Point of Order – which in all honesty, even though Uys put it in context, felt like a statement.

Having said the above, I agree and feel EFF MPL, Nazier Paulsen, gave a good summary in his response to the events: The Opposition's concerns are valid and nothing prevents the Opposition from still referring the matter for judiciary inquiry if the outcome is still unsatisfactory.

Why the ANC disappointed me:

One should first admit that the ANC MPL’s did not disrupt Premier Helen Zille’s State of the Province Address. The ANC in the legislature did disrupt the house, that prevented the Premier from delivering her State of the Province Address and that is why I’m disappointed as it is the same party who condemned the Economic Freedom Fighters from disrupting a Joint Sitting of Parliament when President Jacob Zuma, had to deliver the State of the Nation Address.

While everyone in the province might not have voted for the DA, all parties accepted the outcome and whether we like it or not Helen Zille was re-elected to lead the province.

When the ANC announced their A-team in June 2014 it said it wants to hold the DA accountable and see real improvements. They failed on both objectives…

I would have loved to hear the premier address the province in outlining what her government is planning to better the lives of all.

The ANC MPLs should have allowed the Premier to deliver her address, after the second adjournment and then hold the DA government accountable on what was not achieved and also debate if the plans will bring real improvement.

The Leader of the Opposition in the House, disappointed me when he raised a point of order about a live feed and what was more disappointing is that fellow MPLs supported his point by trying the correct the Speaker that a live feed has been cut.

Anyone who follows SOPA would know (1) there is no live feed to the TV and (2) the feed that goes from the House to the Parliamentary channel goes via the National Legislature and is not operated by the Western Cape Provincial Parliament. Marius Fransman and Pierre Uys should have checked the facts before making themselves look bad.

A problem can only be addressed if you admit there is one, same with racism – as it is still alive, not only in the Western Cape but South Africa. Allow me my 5 seconds:

It is ironic that the ANC – the same party who says the colourd vote is important – and have a march against racism in the province (a day before the State of the Province Address), decided to ‘attack’ a colourd lady - who has one of the most senior positions in the province - and say she is not capable of being the presiding officer. And to make matters worse, a white male – who happens to be a former member of the National Party started the attack.

As a footnote:

ANC MPLs knew that ‘attacking’ and criticizing Premier Zille would not work and they decided to go for the Speaker. In politics this is probably allowed but accusing her of acting bias and partisan was not fair, given she asked the Chief Whip of the governing party to take his seat and allowed the Chief Whip of the opposition to complete his points of order.

So she made a blunder or two and created room for the opposition to criticize, but she tried to apply the rules, constitution and treated all members equal. To top it all she managed to keep her cool and not call the police for disruptive members.

The ANC had a point of order, but the order of the day was never achieved.