Parliament, Tuesday, 21 November 2023 – The Powers and Privileges Committee today found that all six members of the Economic Freedom Fighters (EFF) are guilty of contravening the Powers, Privileges, and Immunities Act.
The committee heard the closing arguments in the hearing that relate to the SONA 2023 incident, when the six members of the EFF who are Members of the National Assembly(NA) ignored the ruling of the Speaker of the NA to leave the Chamber and instead of leaving they crossed the floor and jumped onto the stage at City Hall where President Cyril Ramaphosa was to deliver the address.
The Speaker then had to suspend proceedings and call on the Security Services to remove them. All six EFF members – Mr Julius Malema, Mr Floyd Shivambu, Mr Marshall Dlamini, Mr Sinawo Tambo, Mr Vuyani Pambo, and Dr Mbuyiseni Ndlozi, were found guilty of being in contempt of Parliament.
According to Adv Anton Katz who is the initiator, the members were charged with contempt of Parliament as per s13 of the Powers, Privileges and Immunities Act. Citing provisions from the Act, Adv Katz said that a member is guilty of contempt of Parliament if the member contravenes sections, including 7, 8, 10, 19, 21(1), or 26, and commits an act mentioned in these sections.
He said: “It’s our submission that on the clear evidence of the sole witness – an expert witness – it cannot be anything but clear that the affected members on the facts and as they were exiting on instruction of speaker, impeded the function of Parliament and took part in the disturbance.”
He said the members, on the facts, “deliberately created and took part in serious disorder and disruption in the House, which was seriously detrimental to the dignity and decorum of the House”.
Members of the committee concurred and the Chairperson of the committee, Ms Violet Siwela shared its finding. Adv Katz also made proposals on possible sanctions as provided for in S12 (5) of the Powers, Privileges and Immunities Act. He outlined the seven different sanctions that ranged from a formal warning, a reprimand, to a fine, to suspension for 30 days.
He proposed that the committee use two of the seven available sanctions that fit the purpose of the particular conduct that the affected members have been found guilty of. According to him, a reprimand would not be an appropriate sanction. He proposed that the committee order the six affected members to apologise to Parliament, the Council or any person determined by the House. He said: “We would submit that the nature of the conduct that the affected members engaged in, it is only appropriate that they apologise to the President of South Africa, the Speaker of the National Assembly and the people of South Africa as a whole. How the apology is made, and the form of the apology is something the committee can consider.”
He also proposed that the members be suspended in terms of S12 (5) (g) that provides for the suspension of a member with or without remuneration. Adv Katz proposed a suspension of ten days starting on 6 February 2024 and finishing on 16 February. He said the reason for this is because the State of the Nation Address is scheduled for 8 February.
He said it is clear that the six members “do not take SONA seriously” and they took it as an opportunity, so a message needs to be sent that SONA is a serious event – a constitutional event set out in s84 of the Constitution.
“We submit that an appropriate sanction for those six affected members is to miss out on SONA 2024, so that’s an appropriate section – S12(5) (g) to suspend them for ten days with or without remuneration,” added Adv Katz.
The committee will deliberate on the two sanctions proposed by Adv Katz tomorrow and take a decision. The hearing will resume tomorrow at 11h00.
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE POWERS AND PRIVILEGES COMMITTEE, MS VIOLET SIWELA.
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