Speech by DA Parliamentary Leader, Mmusi Maimane, to the National Assembly, Wednesday, November 19 2014

A President of impeachable standing

19 November 2014

Honourable Chair,

Honourable Members,

Yesterday morning leaders of all parties in this House had a positive meeting with the Deputy President.

The meeting was convened by the Deputy President after the shameful events of last Thursday, with the incursion of the SAPS into this Chamber, and the events of recent months - all of which have shaken our confidence in the ability of this House to perform its constitutional duty to hold the government accountable. 

At the meeting yesterday the Deputy President agreed that the rules of Parliament needed to be applied in a fair and consistent way, and that this was the only way in which any Honourable Member could have confidence in the presiding officers. 

We will participate fully in the informal committee of political leaders formed at yesterday's meeting.

We hope the Deputy President is able to provide the leadership this House needs. 

But let me be absolutely clear. What happened here last week is not a Parliamentary crisis, it is an ANC crisis. 

If the rules had been applied fairly, it would not have happened. 

And most importantly, if the President obeyed the rules of Parliament and came here to answer oral questions, it would not have happened. 

That is what is at the heart of all of this - our President is absent without leave.

He is failing to fulfil his constitutional obligation to appear in Parliament, and the majority of this House turns a blind eye to protect him.

The Opposition will not allow this. We will not allow the rules to be broken and the Constitution to be disregarded.

That is why we believe that notwithstanding our discussion with the Deputy President yesterday, this House must show some sign, some firm indication, that it does not condone or approve of the President's failure to appear here. 

In fact, I would even argue that this is precisely in the spirit of yesterday's meeting.

We cannot rebuild the credibility of this House or its presiding officers until the President obeys the rules and answers oral questions. 

We were also heartened by the Deputy President's statement yesterday that, and I quote, "reaffirmed the principle of executive accountability and that all members of the executive are to appear before Parliament as required by the rules."

Yet the statement stopped short of providing a date for when the President will appear.

Honourable Chair, 

With Parliament rising on Friday we realise that it is not likely that the President will appear this term.

Yet this matter is of such importance that I would like to call on all members to consider a special sitting of this House next week if the President is willing to appear.

Time considerations should not prevent this House from fulfiling its constitutional obligation to hold the executive to account. 

There is no other workplace in South Africa that closes its doors for the year on the 21st of November. All of us are happy to come back for a special oral questions session for President Zuma - give us the date, we will be here.

Today we stand on behalf of all South Africans to call on President Zuma to adhere to the rules, and appear before this House before the end of 2014.

Honourable Chair,

When the first Democratic Parliament was constituted after the 1994 elections, the people of this country rightly filled themselves with pride in our growing democracy.

Our new Constitution was adopted in order to ensure that South Africa would never again be subjected to the rule of a government beholden only to itself. 

The spirit of this Constitution was one of freedom, equality, transparency and accountability.

President Nelson Mandela had profound respect for the Constitution and the spirit in which it was written. He embraced the opportunity to appear in Parliament, to answer questions, and to actively engage with the members of this House on a regular basis.

Sadly that legacy has crumbled.  The ideal of a National Assembly that allows for an open and inclusive dialogue has been shattered by ANC majoritarianism. 

Today, in place of having President Zuma inside of this House, so that we can debate with the President, we are forced to have a debate about the President.

Sections 91 and 92 of the Constitution vest in Parliament the profound responsibility of holding the President accountable.  This House elects the President, and this House must hold him to account.

We have failed in that duty, and you Chair with the Presiding Officers of Parliament, have failed in that duty. 

Rule 111 of the National Assembly is clear on the President's obligation to this House, and there is no room for interpretation:

The President must appear before this House to answer oral questions "at least once per term".

But President Zuma has failed to obey this rule. 

Honourable Chair, what has become of the value of accountability on which the new South Africa was built? 

Last week this Assembly was dragged into disarray as the President was allowed to escape accountability again as the ANC steamrolled the Opposition by exonerating him on Nkandla.

What a profoundly mistaken understanding of what proportional constitutional democracy means. 

Over the past 5 years the allegations against the President have grown to include a long list of impeachable offences, but he is backed by Luthuli House every step of the way.

If the DA is relentless in asking difficult questions, it is because the President has much to answer for.

Yet the truth is that the friendly atmosphere or otherwise of this House is completely irrelevant to whether the President has complied with the rules. 

The President is obliged by the rules of this House to appear before it, whether he enjoys doing so or not. 

President Zuma must set the example for executive accountability. He swore an oath to the people of this land and we will hold him to that oath.

The President must give account of the true state of the Nation.

We are therefore forced to move for the censure of the President.

Honourable members, vote with us to send President Zuma a message - that this is the Parliament of the Republic of South Africa, a proud and independent defender of the Constitution - and we will not be pushed over.  

Vote with us to uphold that Constitution and the spirit in which it was written.

I so move.

Issued by the DA, November 19 2014

Click here to sign up to receive our free daily headline email newsletter