Suspension for ten days with or without remuneration in February 2024, has been recommended as a sanction against EFF leader Julius Malema and five of his party MPs for disrupting the State of the Nation Address (Sona) earlier this year.
The initiator of the hearing, Advocate Anton Katz, said this would be the appropriate sanction after the guilty finding against the EFF MPs.
The second day of the hearing proceeded on Tuesday despite Malema and his colleagues walking out on Monday, likening the proceedings to a kangaroo court, and the EFF leader saying he would not be persecuted by a “white man”.
Their application for postponement and a request for appointment of an independent person to preside over the hearing were refused.
However, the hearing was told that their attorneys had written to the state attorney asking to make written submissions on the merits of their case, after apparently watching the proceedings on social media.
Secretary to the National Assembly, Masibulele Xaso, testified about the events on the day National Assembly Speaker Nosiviwe Mapisa-Nqakula ordered EFF members to leave the House for disrupting President Cyril Ramaphosa’s address.
“We have an instruction to make submission on evidence that was led yesterday and we ask the committee to consider those submissions prior to make its determination on merits.
“We will serve our written representation by close of business today,” read the EFF letter.
Katz said the committee should not grant the indulgence to the affected members.
“It would seem the request to make written representation by close of business undermines the chair’s directions and the committee decision to refuse postponement, and is inconsistent with affected members’ walkout yesterday.
“We submit that we should get on with closing submissions and the committee makes a decision on merits without granting indulgence, which amounts to undermining this very committee and chair’s decision,” he said.
After some discussion by the committee, which was inaudible, Katz continued with his closing arguments.
He said the EFF MPs were charged with contempt of Parliament as contemplated in the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act.
MPs were guilty of contempt if they contravened various sections of the Act and that there was prohibited conduct in the precinct of Parliament.
Katz also said it was clear on the evidence led by Xaso that as Malema and his colleagues were exiting the House on instruction of Mapisa-Nqakula, they violated the provisions set out in the Act by improperly interfering and impeding Parliament’s authority and functioning.
They had stepped onto the stage where Ramaphosa was delivering his Sona, prompting security to storm the plenary that was taking place at Cape Town City Hall.
He charged that their misconduct was not in accordance with the decorum of the House.
“It is clear that the affected members violated the Sections and were guilty of gross misconduct as the rules contemplate.
“We submit a finding of guilt in respect of the charges they have all been charged with.
“It can’t be clearer to jump onto a stage as one is exiting the House after being ordered by the Speaker to leave and that can’t be anything other than gross misconduct.”
Katz added that the guilty verdict was the appropriate finding and then took the committee through sanctions that could be imposed from a list of seven.
“There are two of the seven that fit the purpose of the conduct the affected members have been found guilty of,” he said.
Katz ruled out formal warning, reprimand, withholding their right to use of enjoyment of facilities provided to MPs and suspension with docking their salaries for up to a month.
Although he said they could be made to apologise to Mapisa-Nqakula, Ramaphosa and South Africans, the most appropriate sanction was to suspend the members for a period of ten days starting from 6 February 2024 until 16 February 2024.
“The reason for ten days (is) 8 February 2024, I am informed Sona will take place. What is clear is that the six affected members do not take Sona seriously,” Katz said.
He also said the message should be sent that Sona is a serious event and an occasion set out in the constitution for the president to report back to on work of the executive.
Katz said an apology was not sufficient for serious misconduct by the EFF MPs.
Committee chairperson Violet Siwela then adjourned the hearing until Wednesday.
“We adjourn and will resume (today) at 11am to finalise our matter,” Siwela said.
Cape Times