Ruling by the Deputy Speaker in the Western Cape Provincial Parliament, Piet Pretorius, on remarks by ANC MPP Max Ozinsky, Thursday, June 6 2013:
During debate on 9 May the hon Premier raised a point of order to enquire whether a certain utterance by the hon member Ozinsky was parliamentary or not. The utterance in question was: "she wanted to kill us", referring to Helen Suzman, a former member of national parliament.
What is at issue here is whether the hon Ozinsky has abused his parliamentary privilege of freedom of speech. The privilege of freedom of speech allows a member to raise any matter in the House without fear of legal consequences. However, that freedom of speech is not absolute and is curtailed by parliament's own rules, resolutions, precedents or rulings from the Chair.
The hon Ozinsky, in addressing the Chair on the matter at the time, correctly referred to a previous ruling from the Chair, namely that it was not unparliamentary to reflect on a member of national parliament. His assertion, however, that it was ruled parliamentary to "insult" members in the Other Place is his own interpretation and wrong. The ruling in question, as well as subsequent clarification from the chair, set certain limitations. Let me quote from that ruling:
"Members have freedom of speech in the House and in committees of the House, but.....that freedom of speech is not unlimited. As an institution we determine the parameters within which we operate - and in determining those parameters we are guided by our own Rules, previous rulings and convention, our Constitution, our Powers and Privileges legislation, our Code of Conduct and developments and precedents in other Westminster parliaments including our own national parliament. And above all the Chair has a duty to ensure that acceptable standards of parliamentary propriety shall be maintained."
Therefore, although it is parliamentary to reflect on a colleague in the national parliament, the way that is done, in other words, the words used, must be considered. If an utterance or conduct crosses that line of propriety it will be unacceptable and unparliamentary. Examples would be to make grossly derogatory or insulting statements, or indeed to accuse such a colleague of murder or of killing or wanting to kill people.