DA walk out: Deputy Speaker's ruling an assault on freedom of speech
This afternoon, the Democratic Alliance (DA) walked out of the Reply to the Debate on the State of the Nation in protest over the Deputy Speaker's complete disregard of section 58 of the Constitution. Section 58 affords Members of the National Assembly a right to freedom of speech in the Assembly, and to remain protected against liability to civil or criminal proceedings for anything said before the Assembly.
The issue arose when the Hon. Mluleki George MP (COPE) expressed his opinion that the ANC government is taking South Africa down a road to lawlessness. The Deputy Speaker ruled that the Hon. George was obliged to withdraw his statement. By allowing this ruling to stand, the Deputy Speaker is substantially detracting from the right of Members of Parliament to express in an uninhibited manner their views in the House, thus detracting from the constitutional privilege that members have to freely express their views. The Deputy Speaker must withdraw her decision; if she does not, we will consider taking this matter on review.
The statement made by the Hon. George fell well within the ambit of what is permitted by the Constitution, and the Rules of Parliament. The Deputy Speaker cited a rule - Rule 66 of the National Assembly - that is explicitly not applicable to members of Government. That rule states:
"No member shall reflect upon the competence or honour... of the holder of an office (other than a member of Government) whose removal from such office is dependent upon a decision of this House, except upon a substantive motion in this House alleging facts which, if true, would in the opinion of the Speaker prima facie warrant such a decision."
Rule 66 clearly does not apply to the President, as a member of Government.
The Deputy Speaker also disregarded Rule 72 of the National Assembly Rules, which states:
"A member may speak (a) when called upon to do so by the presiding officer; or (b) to a point of order."
The Deputy Speaker's refusal to take my point of order is in clear breach of section 72(b). In terms of sections 70 and 72, she is obliged to take a point of order, at which point she "shall give her ruling or decision thereon either forthwith or subsequently."
The irony of the Deputy Speaker's actions is that they prove precisely the point raised by the Hon. George. To head towards a state of lawlessness means to begin to systematically disregard the rules and law that govern the state. The Deputy Speaker did precisely that.
The Deputy Speaker should withdraw her ruling, and desist from ignoring Rule 72. Freedom of speech and parliamentary privilege cannot be restricted upon whim.
Statement issued by Ian Davidson, MP, Democratic Alliance chief whip, February 16 2010
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