Opposition press statement by

Dr Annelie Lotriet MP

DA Representative on Powers and Privileges Committee,

Hon L. Filtane MP

UDM representative on the Powers and Privileges Committee 

Hon. M.A. Mncwango MP

IFP representative on the Powers and Privileges Committee

Opposition rejects ANC hatchet job on Powers and Privileges Committee investigation

18 November 2014

The opposition parties represented on the Powers and Privileges Committee (PPC) - the DA, UDM and IFP - rejects the PPC report on the events of 21 August. The PPC investigation was little more than a political hatchet job by the ANC aimed at achieving a predetermined outcome.  

We have produced a report that scrutinises the flaws in the investigation. This report will form the basis of a Private Member's Bill to amend the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act of 2004, to ensure that the PPC is fair and unbiased in future. 

A number of points must be noted:

The EFF was not involved in drafting this report, as their MPs were the subject of the investigation.

This is not an alternative report on the actions of the EFF on 21 August, but rather an assessment of the processes followed in the Powers Privileges Committee, and in particular an assessment of the fairness of the  process.

This was the first such investigation by the PPC in accordance with the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act of 2004 since 1994. The opposition parties were therefore mindful of the precedent that this case would set for future PPC investigations. Our report aims to highlight the procedural flaws in the PPC investigation, and  to propose solutions for a fairer process in future.

Opposition MPs on the committee do not unanimously agree on every issue relating to the events of 21 August. We do however jointly endorse the findings of this report as it relates to the process followed by the PPC.

In short, we do not support the findings of the committee as the ANC has again used its majority to abuse the rules of Parliament to suit its political agenda. The process followed during this investigation was completely flawed. It was not fair and did not allow for an impartial investigation. 

The process was completely flawed for the following reasons:

Evidence submitted by the leader of the EFF was disregarded and only considered after the PPC had concluded its report.  

No formal legal opinion was produced to explain how a majority-ANC committee could reasonably constitute an investigation that was free of ‘reasonable apprehension of bias'. We do believe that there is a reasonable apprehension of bias, which means that the investigation did not comply with section 12(3)(a) of the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act. The act stipulates that the proceedings need to be reasonable and administratively fair. 

The Parliamentary Legal Advisors drafted the charges against the EFF as it was not denied when the question was put. They also provided advice to the PPC during the investigation. This is a problem as it would appear that they acted for both the ‘prosecution' and the ‘judges'.

The ANC majority refused to call the Speaker as a witness. She was central to what happened on the 21st of August, and needed to testify. This was clearly a tactic by the ANC to shield Baleka Mbete from further scrutiny.

The Ministers that were called to testify did not appear in person but only sent affidavits, nullifying the ability of the PPC to ask further questions or cross examine their affidavits. 

Evidence given by a Parliamentary official regarding the technical equipment in Parliament was not accurate. The official denied that there were any problems with equipment in Parliament when in fact members of the opposition on the committee had themselves experienced problems with the equipment. 

The ANC refused to allow any discussion about mitigating factors, the context or the actions of role players other than the EFF. The findings are therefore devoid of any context. 

It is clear that this deeply flawed process was purposefully followed by the ANC in the PPC in order to achieve their pre-determined outcome without any further scrutiny. This is not acceptable, and certainly not fair. We therefore reject the findings of the PPC. 

The DA will submit a private members bill to amend the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act to ensure fair and impartial PPC hearings in future. The followings amendments are necessary:

The PPC's proportional representation model must be altered to ensure that a neutral arbiter has the final say.

The Act needs to be more specific in terms of procedures and or requirements to ensure a procedurally fair enquiry process.

The Act needs to allow for an appeals process.  

This process was yet another indication that the ANC is prepared to bend the rules any which way to suit their political agenda in Parliament. 

Statement issued by Dr Annelie Lotriet MP, DA representative on the Powers and Privileges Committee, November 18 2014

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