South Africa is continuing to pour millions of rand into the Pan African Parliament (PAP), despite failing to ratify the Malabo protocol, which is meant to turn it into an effective legislative body.

The AU allocated just more than $22m to the PAP for the 2017 financial year. SA incurs extra costs as host nation.

Along with 49 other member states, SA is one of the countries holding back the PAP, which without the power to create laws is reduced to a consultative and advisory talk shop.

Only five countries, including Mali, Togo and the Gambia have adopted the protocol that extended the jurisdiction of the yet to be established African Court of Justice and Human Rights to include crimes under international law and transnational crimes and also gave the parliament legislative powers.

Amnesty International described the agreement as a “crucial legal instrument” in 2016.

The 55 member states of the AU agreed to amendments to the protocol at a summit in Malabo, Equatorial Guinea in June 2014. Yet the PAP remains a toothless institution with nothing else but a mandate to make recommendations and convene conferences at which resolutions that are not binding on member states are taken.

The clerk of the PAP, Vipya Harawa, told reporters on Wednesday this was a “sour pill” for leaders of the organisation.

“The fact that the Malabo protocol in 2014 has not been ratified by member states means we are not able to attain our role as fully fledged legislators,” Harawa said.

According to the parliament’s rules, the majority of AU nations should individually ratify the protocol and until then the protocol will only exist on paper.

Harawa said among other challenges was the general lack of visibility on the continent and in the Diaspora. He decried the fact that Africans knew little about the parliament and its work — because it was not making any laws, it was unable to make its presence felt. (Business Day SA)

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