DA IN GAUTENG LEGISLATURE FIGHTS FOR FREEDOM OF SPEECH
On the 26th November last year the Gauteng Legislature adopted amendments to the House rules which the DA voted against as we believed that these amended rules, especially Rules 103 (1)(a) and (c), Rule 106 and Rule 294 were unconstitutional and would have a negative impact upon our role and functioning as opposition the Legislature. The rules as they stand currently, effectively muzzle members in the Legislature.
On 08 December 2010 the Speaker made another controversial ruling that the use of the words or reference to an "Alex Mafia" in the House will not be allowed. Paul Mashatile and his political and business connections are allegedly part of this "mafia" and on this occasion the DA caucus walked out of the Sitting. This was the first time ever that the DA or its predecessors had staged a walkout of any sitting in the Gauteng Legislature.
On the basis of opinion received from Senior Counsel specialising in Constitutional law, I have written to the Speaker in the Legislature inviting her to refer the Rules and her ruling of 08 December 2010 to the Rules Committee for review, at which occasion the basis of the unconstitutionality can further be elaborated. Freedom of speech is a fundamental right in any democracy.
These Rules and the ruling of 08 December threaten the right to Freedom of Speech in the Gauteng Legislature, which if not seriously challenged, could spread to other legislatures as well as to the National Assembly. In my letter to the Speaker I had requested that she (Speaker) convey her decision to me by no later than 03 February 2011. The DA's rights remain fully reserved.
Statement issued by John Moodey, Leader of Democratic Alliance in the Gauteng Provincial Legislature, January 19 2011
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