Parliament, Tuesday 10 October 2017 –The views expressed in the media statement, dated 6 October 2017, titled “PAC: Parliament Speaker refuses to listen to the PAC, she is openly defying PAC” have no factual basis.
Mr Narius Moloto wrote to the Speaker on 14 June 2017 to inform her that Mr Luthando Mbinda’s membership of the Pan Africanist Congress of Azania (PAC) had been terminated and that he ceased to be a member of the National Assembly and that Mr Bennet Joko was to replace him.
On 15 June, Mr Sbusiso Xaba, in his capacity as Deputy President of the PAC, wrote to the Speaker informing her that Mr Moloto was suspended from his position as Secretary General and is not authorised to communicate on behalf of the PAC. Mr Mbinda, confirmed this in his capacity as President of the PAC and also supplied a copy of the decision of the National Executive Committee (NEC) to suspend Mr Moloto with effect from 11 June 2017.
The PAC recently brought an urgent application to the Western Cape High Court to compel Speaker to swear in Mr Joko as the candidate replacing Mr Mbinda. On 31August 2017, the Western Cape High Court dismissed the application with costs.
The North Gauteng High Court in Pan Africanist Congress of Azania v Independent Electoral Commission of South Africa and Another handed down an order directing the Electoral Commission of South Africa that, for the purposes of the 2016 local government elections, communication with the PAC should be done through its President, Mr Mbinda, and its Secretary General, Mr Moloto.
There is currently no clarity about who is the authorised signatory – the person authorised to liaise with Parliament on behalf of the PAC.
Section 47(3)(c) of the Constitution provides that a person loses membership of the National Assembly if that person ceases to be a member of the political party that nominated that person as a member of the Assembly. Given the inconsistencies between the communicated decisions of the PAC NEC by Mr Moloto and Mr Mbinda, there is no clarity on whether a vacancy has arisen.
Although Mr Moloto indicates that Mr Mbinda’s membership to the party had been terminated, Mr Moloto’s legitimacy as the person duly authorised to liaise on behalf of his party is unclear.
In a letter dated 26 July 2017, the PAC was requested to find a way to provide a clear and consistent resolution on the membership of the PAC member to the National Assembly.
The Speaker is duty-bound to act fairly and impartially and to apply the rules of the National Assembly and applicable legislation, with due regard to ensuring the participation of members of all parties in a manner consistent with democracy and, therefore, cannot act on instructions from persons whose legitimacy, to liaise on behalf of their party, is in question.
On this matter, the Speaker has always sought and is guided by legal advice. Therefore, personal inferences made regarding the Speaker are both false and regrettable. The Speaker notes that Mr Moloto has opted for intimidation tactics by threatening a campaign against the Speaker. The Speaker reserves her right to legal recourse where applicable.
ISSUED BY THE PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA
Enquiries: Moloto Mothapo
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