EFF STATEMENT ON THE CONDUCT OF DEPUTY SPEAKER OF THE NATIONAL ASSEMBLY MR. TSENOLI
Thursday, May 24, 2018
The EFF strongly condemns the unconstitutional and unparliamentary behaviour of the Deputy Speaker of the National Assembly Mr. Lechesa Tsenoli during the Presidency budget vote. His outrageous conduct was nothing but pathetic attempt to suppress legitimate and important debate in the National Assembly, and it must be condemned in strongest terms.
Section 58 of the Constitution of the Republic of South Africa provide members of the National Assembly with freedom of speech in the Assembly and in its committees. The Constitution further states that members of the National Assembly are not liable to civil or criminal proceedings, arrest, imprisonment or damages for anything that they have said in, produced before or submitted to the Assembly or any of its committees or anything that they have said in, produced before or submitted to the Assembly or any of its committees.
Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act 4 of 2004 provides privileges and immunities for members in a joint sitting of the National Assembly and the National Council of Provinces as they have before the Assembly or the Council. So, there is no law or rule which prevents members of Parliament from saying that ministers of deputy ministers are defending corruption or call our people to occupy empty land closer to a place of work, schools, recreational facilities and places of worship. It is a point of debate and a matter of difference which if the Deputy Speaker was not a presiding officer and an ordinary member of the NA, would have been free to debate.
The role of the presiding officers according to the rules of the National Assembly is to ensure that Parliament is a national forum for public consideration of all issues, ensure members participate fully in the proceedings of the Assembly and must act fairly and impartially and apply the rules with due regard to ensuring the participation of members of all parties in the manner consistent with democracy. The conduct of the Deputy Speaker boarders in the suppression of freedom of speech, obstruction of member’s participation in the Assembly and criminality.