Parliament, Tuesday, 5 December 2023 – The Powers and Privileges Committee today resolved to not call the Speaker of the National Assembly, Ms Nosiviwe Mapisa-Nqakula to appear before the committee as a witness. The matter before the committee relates to an incident where some Members of Parliament disrupted a question session for President Cyril Ramaphosa in the National Assembly on 30 August 2022.
The affected Members of Parliament were charged with contempt of Parliament.
The committee’s decision follows the receipt of an order from the High Court of South Africa after the legal representatives of the affected Members of Parliament requested that the committee subpoena the Speaker as a witness.
The committee believes there is no need at this stage to subpoena the Speaker since the video footage, the Speaker’s report and the witnesses set to appear before the committee is sufficient for a just and fair outcome. However, the committee made it clear that should the need arise during the course of the hearing to call the Speaker as a witness, it will reconsider.
The legal representatives of the affected members previously wrote to the Speaker requesting her to be a witness and the Speaker declined the request. The legal representatives were informed that the correct procedure is for the affected members to make such a request through the committee as only the committee has subpoena powers in terms of the Powers and Privileges Act.
The affected members argued that the Speaker’s input is important as it will afford her an opportunity to give evidence relating to her decision which forms the subject matter of the dispute. The members insist that no person other than the Speaker may give evidence given that she took the decisions in question.
The High Court ordered the affected members to write to Parliament and request the committee to consider this matter as the hearings of the affected members will start on Monday.
Tomorrow the legal representatives of Parliament will provide a report to the Court on the decision of the committee.
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE POWERS AND PRIVILEGES COMMITTEE, MS VIOLET SIWELA
For media enquiries, please contact the committee’s Media Officer:
Name: Ms Faith Ndenze
Parliamentary Communication Services
Cell: 081 377 0686
Email: fndenze@parliament.gov.za
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