DA lays charges for assault in Parliament
17 November 2014
The DA has laid four charges of assault relating to the violence that broke out in the National Assembly on Thursday night.
Three MPs laid charges against the police for assault, and a fourth MP has laid charges against Deputy Minister for Higher Education and Training, Mduduzi Manana, after he man-handled DA MP Juanita Terblanche. Some of our members of Parliament were injured in the assault.
The Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act, 2004, is very clear of the circumstances under which the security services can enter Parliament. This is done strictly under only two circumstances: either "with the permission of the Speaker or the Chairperson" (of the National Council of Provinces), or "when there is an immediate danger to the life or safety of any person or damage to any property."
The Speaker of the House, Baleka Mbete, has until now avoided taking responsibility for what happened, and we are therefore left to conclude that if this intrusion was done legally, it was because there was an "immediate danger to life or property". It is difficult however to understand how these officers came to the conclusion that, by refusing to retract her statement and vacate the podium, Mrs. Reneiloe Mashabela constituted an "immediate danger to life or property" which warranted police action.
It must be noted that the ANC in the House cheered and celebrated as the police assaulted our MPs. It is particularly shocking that the ANC spokesperson in Parliament, Moloto Mothapo, has called for DA MPs to be charged with assault. This is a shameless attempt to shift blame for what happened. DA MPs were defending themselves and the democratic legitimacy of Parliament from an unconstitutional police intrusion into the National Assembly.
If anyone is to be arrested and charged, it should be the police officers who attacked members of Parliament, and those responsible for authorising the police to enter the chamber of Parliament.
I will therefore be calling on the Parliamentary Oversight Authority (POA) to conduct a full investigation into the circumstances and where possible, officials' heads must roll. In addition there needs to be a multi-party committee established through the POA to deal specifically with the circumstances under which the security services are utilised in the parliamentary precinct.
The ANC has lost the plot in Parliament. A party that does not respect MPs, the Constitution or the institution of Parliament cannot govern legitimately. We must all work together to restore order and adherence to the rules in Parliament.
Statement issued by John Steenhuisen MP, DA Chief Whip, November 17 2014
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