No 8-2014] SIXTH SESSION, FOURTH PARLIAMENT
PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA
NATIONAL ASSEMBLY
ORDER PAPER
WEDNESDAY, 5 MARCH 2014
MOTIONS (Notice given on 25 February 2014):
1. Draft resolution (Mr P van Dalen): That the House -
(1) notes that in paragraph x on page 5 of the Public Protector's report named "Docked Vessels" Report No 21 of 2013/14 published on 5 December 2013, the Public Protector made the following statement:
"A week before releasing this provincial report, I received a letter from the Minister of Justice and Constitutional Development (Minister of Justice), attaching a letter from Minister Joemat-Pettersson requesting the Minister of Justice to intervene in this investigation and that of the NPA, which she labelled unnecessary despite having cooperated throughout the investigation and twice agreeing to defer the processing of the new tender until having had sight of this provisional report. I consider Minister Joemat-Pettersson's action as conduct constituting interference with my investigation and an attempt to incite the Minister of Justice and Constitutional Development to undermine the independence of two constitutional bodies. Such conduct, in my considered view is at odds with section 181(4) of the Constitution which states that ‘no person or organ of state may interfere with the functioning of these institutions (this refers to Chapter 9 institutions)'";
(2) further notes that section 11(1) of the Public Protector Act, Act 23 of 1994, states that any person who" interferes with the functioning of the office of the Public Protector as contemplated in section 181(4) of the Constitution, shall be guilty of an offence";
(3) acknowledges the Public Protector's view that the conduct of the Minister of Agriculture, Forestry and Fisheries ("the Minister") is at odds with section 181(4) of the Constitution;
(4) recognises that the Minister's conduct could amount to an offence under the Public Protector Act, Act 23 of 1994, and a violation of the Executive Ethics Code; and
(5) resolves to -
(a) condemn the actions of the Minister; and
(b) censure the Minister by calling upon the Minister to apologise unreservedly for her actions.
Issued by Parliament, March 5 2014
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