Defence deployment in Khutsong never happened

Congress of the People (COPE) President and Parliamentary Leader, Hon. Mosiuoa Lekota categorically denies accusation that he deployed the Defence Force to Khutsong during his tenure as Defence Minister.

This has never happened and could never have happened. Section 201 (2) of the South African Constitution states that " only the President, as head of the national executive, may authorise the employment of the defence force- (a) in co-operation with the police service; (b) in defence of the Republic; or (c)in fulfilment of an international obligation."

Section 203 of the Constitution further states that ""The President as head of the executive may declare a state of national defence, and must inform Parliament promptly and inappropriate detail of-

(a) The reasons for declaration;

(b) any place where the defence force being employed; and

(c) The number of people involved. "

Therefore, it could not have been possible for any Minister to deploy the Defence Force to Khutsong, as this remains the responsibility of the President of the country.

We have never had such a situation during President Thabo Mbeki's tenure. Consequently, Mineral Resources Minister Susan Shabangu and Water Affairs Minister Edna Molewa deliberately misled the house and the nation in accusing me of deploying members of Defence Force.

If there were people who were shot, injured and killed in Khutsong by the Defence Force, there could have been an enquiry to establish reasons for the deployment or killings. The report of such an enquiry report could have been tabled before Parliament and would have been filed in the office of the Speaker for record of Parliament.

As far as I am concern there has never been such a process. And therefore, once again, it is clear the accusation was a blatant attempt to mislead Members of Parliament and the Nation at large.

I have therefore written a letter (See attachment) to the Speaker drawing her attention to these facts and demanding that both Ministers must publicly retract their false allegation and apologise for misleading Parliament and the nation.

Text of the letter from COPE Whip Juli Killian MP to the Deputy Speaker of the National Assembly, Nomaindia Mfeketo MP, August 22 2012:

MS J D KILIAN, MP 
WHIP 
22 August 2012 

The Deputy Speaker 
National Assembly 
Parliament of South Africa 

BY HAND URGENT 

Dear Deputy Speaker 

COPE POINT OF ORDER - DEBATE ON LONMIN MINE TRAGEDY 

Further to the point of order taken yesterday against Minister Shabangu we hereby wish to place the following additional information for your consideration when you evaluate the Hansard recording of the debate:

1 Minister Shabangu referred to Mr Lekota as being more brutal than the ANC", which is clearly reflecting on the integrity of the COPE leader and is furthermore unparliamentary. Minister Shabangu will have to be called upon to withdraw and to apologise to the House.

2 As far as Minister Shabangu's reference to the deployment of the defence force in Khutsong (by Mr Lekota as former Minister of Defence) is concerned, we want you to consider the fact that It could reasonably have been expected of all Members of the Executive to know and understand the contents of Section 201(2) of the RSA Constitution which reads as follows:

"Only the President, as head of the national executive, may authorise the employment of the defence force - 
(a) In co-operation with the police service; 
(b) In defence of the Republic; or 
(c) In fulfilment of an International obligation." 

We want you to express yourself about the fact that both Minister Shabangu and Minister Molewa stated on the record of the National Assembly that the former Minister of Defence deployed the defence force in Khutsong. Consequently they both are guilty of deliberately misleading the National Assembly and the public of South Africa.

We therefore request you to call on both Minister Shabangu and Minister Molewa -who ought to have known the provisions of the Constitution - to apologise to the National Assembly for misleading the House and the public of South AfrIca.

For the record, the former President Mr T Mbekl never deployed units of the Defence Force to Khutsong during the term of office, of Mr Lekota. 

We are eagerly awaiting your ruling on the above matters in the debate. 

Yours sincerely 
J D Killian, MP 
Whip
Congress of the People 
Cc. The Speaker of Parliament 
The Acting Secretary of the National Assembly 

Statement issued by Mosiuoa Lekota, COPE President and Parliamentary Leader, August 22 2012

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