By Yasin Maoni
The sitting of the National Assembly of
February 2013 comes right after and concurrently with a number of issues of
concern to Malawians. There have been reported incidents of overspending in many
departments of the Malawi government, including the state residencies. The very
issue of drug shortage and mis-procurement thereof is among the hot issues.
One would expect a concerted scrutiny of
the executive by Parliament in terms of financial probity and protection of the
common interests of Malawians. This expected function of the National Assembly
on the executive arm of government is within the concept of legislative
oversight. The pertinent question is; how effective is the Malawi National
Assembly in exercising the oversight function and holding the executive
accountable?
Legislative oversight, according to L.B
Lemos, connotes the notion of monitoring, supervising and controlling. The Ohio
Legislative Commission defines legislative oversight as legislative review and
evaluation of activities of the executive branch of government. In essence
oversight refers to the watchfulness, supervision, control, monitoring, review
and evaluation of the exercise of power of the executive and executive organs
by the legislature.
Oversight is important as it ensures
that the executive complies with legislative intent, improves efficiency,
effectiveness and economical government operations, evaluates performance,
prevents executive encroachment on powers, and ensures investigation of alleged
instances of poor administration, abuse, waste, dishonesty and fraud. In
essence oversight ensures that the executive arm and the administration are
effective and efficient in their operations, and in the exercise of their
mandate and authority as entrusted or delegated to them.
The Constitution of Malawi does not
expressly provide that the National Assembly shall oversee the executive.
However, it contains a number of provisions which are to that effect. One of
such provision is where the President may be called to Parliament to answer
questions, although rarely used, if at all used.
This is one ideal function of the legislature.
But does our National Assembly effectively oversee the executive? Is there any
meaningful control, supervision, review and proper evaluation of the exercise
of executive powers and functions by the National Assembly?
There is obviously a Parliamentary
Committee system in place which is a mechanism aimed at assisting the National
Assembly attaining that end. Do they really achieve it? The practice is that
they summon relevant public officers from the executive and administration when
need arises for scrutiny and questioning, whereof reports are made afterwards.
But where do these reports end? Do they really have an impact?. What if the
report are brought into the house and discussed, does the debate, if at all,
translate into necessary action by the executive?
The converse of oversight is
accountability. The one who is overseen is ordinarily made to account. In this
regard the executive arm of the government is to be held accountable by the
National Assembly. The notion of accountability entails some sort of action,
decision or sanction after scrutiny, investigations or reporting. The essence
is that those who have mismanaged, abused or misused powers or resources are
held accountable. That includes those who have made bad and imprudent decisions
which have proven costly to every citizen.
Do we really see such action in the
Malawian scenario? Take for instance the issue of drug shortage. Who is going
to be accountable? The same question can be asked in a number of issues like
huge millions of abused allowances, imprudent decision in dismissing public
officers from which government is usually losing millions, and many need-not-mention
instances.
It is high time that our
parliamentarians show the people of Malawi that they are not in parliament for
the sake of remuneration, but to exercise their rightful functions, one of
which is to oversee the executive and hold it to account. The executive arm of
government should not be untouchable. It ought to be subject to scrutiny, assessment,
control and sanction by all people of Malawi through representatives in the
National Assembly.
As to the pertinent question whether this function is effectively exercised by the Malawi National Assembly, each and every one of us can judge. But if it is effective enough, am yet to see the
