STATEMENT BY THE SPEAKER OF THE NATIONAL ASSEMBLY (NA), MS BALEKA MBETE, TO THE PLENARY SITTING OF THE NA ON 2 SEPTEMBER 2014

Hon members, before we proceed with the rest of the business today, I would like to make the following remarks:

On Thursday, 21 August 2014, during Questions to the President, members of the Economic Freedom Fighters (EFF), after expressing dissatisfaction with a reply by the President engaged in conduct that led to the disruption of proceedings, to the extent that the House had to be adjourned in terms of Rule 56 and the Assembly was prevented from finalising its scheduled business for that day.

The procedure for oral questions in the House is regulated by Rule 113, which provides that in respect of each question, four supplementary questions may be asked and that the hon member in whose name a question stands must be given the first opportunity to ask a supplementary question.

During Questions to the President, the Hon Malema, in whose name question No 3 stood, was given the first opportunity to ask the President a supplementary question. After the supplementary question was put, a point of order was raised that the matter referred to in the question was being dealt with by an ad hoc committee. I nevertheless recognised the Hon the President and gave him the opportunity to respond to the supplementary question.

After the Hon President's reply, various points of order were taken from Hon members of the EFF in terms of which they claimed that they had not been answered.

I attempted to proceed with the business at hand by recognising the next Hon member to ask a supplementary question. These attempts were unsuccessful since the Hon members of the EFF persisted to rise on points of order and interject using the floor microphones.

Other members who were due to ask supplementary questions were denied an opportunity to do so because of the disruptions. Members should be aware that in terms of Rule 52, I could have suspended the members concerned immediately. At the time I opted for a lesser sanction which was to order the members to leave the House.

As members will remember, the refusal of the members of the EFF to abide by the directives and rulings of the Chair led to the early adjournment of proceedings and the question session was not concluded. The frustration of the business of this House to this extent is unprecedented in the history of this democratic Parliament.

On Tuesday, 26 August 2014, I made a statement to inform the House that the matter was being referred to the Powers and Privileges Committee, for the Committee to investigate whether the conduct of the members involved in the disruptive actions constituted contempt of Parliament in terms of the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act, 2004.

I further informed the House that while the matter was before the Committee, I was also considering the implementation of item 10 of the Schedule to the rules, which makes provision for the suspension of members where the allegations against them are of a very serious nature.

I wrote to the twenty members concerned on 26 August to afford them an opportunity to give reasons in writing why they should not be suspended. The members of the EFF subsequently submitted responses to me.

Hon members, the principle of separation of powers between the three arms of the State, as determined by the Constitution, is based on a system of checks and balances inherent in the relationship between the three arms.  The Constitution provides not only for the legislative role of the National Assembly, but also for specific oversight and accountability functions.

Questions to the Executive are one such mechanism of oversight. There may well be legitimate concerns about the quality of replies to questions. However, if a member is dissatisfied with a reply, there are appropriate processes and mechanisms available, both within this House and outside of it, for members to obtain further information in line with their oversight responsibility.

I have taken note of reports that the sovereignty of Parliament may be under threat and wish to assure Hon members that Parliament will continue to retain its independence in line with the Constitution and the doctrine of separation of powers.   Security was called upon to assist the Serjeant-at-Arms when members continued in their refusal to leave the Chamber, in complete and open defiance of the Chair.

Hon members, the security services perform any policing function in the precincts with the permission and under the authority of the Speaker or the Chairperson.  In terms of the Powers and Privileges Act, the Speaker and the Chairperson exercise joint control and authority over the precincts of Parliament.

Let me state that at no point did I call on the Public Order Police unit during the events of 21 August.

I must also mention that the capacity of Parliament's Protection Services department is receiving attention and this is to ensure that members of Parliament can be confident of their own safety and security within the precincts.

Hon members, the National Assembly must fulfil specific constitutional functions and it is therefore imperative, in the overriding interests of protecting the functioning of the House, that the Speaker is entrusted with the responsibility of ensuring that the House is at all times able to perform these functions.

The Constitution gives the National Assembly the power to determine and control its internal arrangements, proceedings and procedures and make rules and orders concerning its business. A situation where rules were not observed would be tantamount to anarchy.

As Speaker, I have the responsibility to ensure that the rights and privileges of all Hon members of this House, both individually and collectively, are protected.  You elected me for that purpose. As such, I cannot but strongly condemn the disruption of the proceedings in the Chamber and the manner in which this impeded the House's ability to conduct and conclude its business.

Such actions undermine the democratic process and I must urge all parties to guard against this. No matter how little one likes or trusts what the other has to say, Hon members must recognise the legitimacy of all other Hon members to be in this House and be accorded the right to have their voices heard and be treated with the dignity, respect and tolerance to which they are entitled as elected representatives of the people.

The rules empower Presiding Officers to sanction members for contraventions which infringe upon the House's ability to conduct its business. Members should note that actions such as those that took place on 21 August will not be tolerated and will be dealt with immediately in terms of the Rules and relevant Statutes.

Hon members, I have considered the submissions from the Hon members of the EFF. It is my considered view that the processes currently underway in the Powers and Privileges Committee will best serve the purpose of giving effect to the relevant provisions of the Constitution, the Powers and Privileges Act and the Rules. At this stage, I will not invoke item 10 of the Schedule to the Rules.

Regarding the scheduling of the President's question session, we will continue interactions with the Presidency with a view to finding a suitable slot.

I thank you Hon members for your attention.

Issued by Parliament, September 2 2014

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