Public Enterprises Budget Vote 2019 incident: closing arguments & deliberations: SONA incident: committee report

Powers and Privileges of Parliament

11 December 2020
Chairperson: Mr P Mapulane (ANC)
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Meeting Summary

Video: Committee Meeting

All Committee Proceedings & Documents

The Powers and Privileges Committee met on a virtual platform to hear closing arguments following the hearing into the incident that happened during the Public Enterprises Budget Vote 2019 in Room 249 on 11 July 2019.

Prior to this, the Committee adopted the Report into allegations of conduct constituting contempt of Parliament by Members of the Economic Freedom Fighters during the State-of-the-Nation Address on 13 February 2020 with one abstention, that of the EFF Member. The Report was to be sent to the House of Assembly to inform the House that the Committee had determined not to proceed with disciplinary action in respect of that incident.

The Initiator submitted her closing arguments and findings in respect of the Public Enterprises Budget Vote 2019 incident following the hearing that had concluded two weeks previously. The Initiator referred to testimony by the procedural officer on duty that day, the testimony of the Presiding Officer on the day and that of the Deputy Sergeant-at-Arms who was in attendance. She stated that a viewing of the video footage taken on the day of the incident confirmed the testimony and reflections of the witnesses. Three Members were cited for raising points of order even after several rulings by the Presiding Officer. The Initiator identified the precise actions of the Members that she believed constituted unruly and disorderly conduct and showed that those Members who had crossed the floor had done so with the intention of disrupting the proceedings and preventing the Minister from presenting his Budget Vote.

The Initiator concluded that the consequences of the affected Members’ conduct was that it impeded the House from performing its function and continuing with the business of the day; it interfered with the performance by the Minister of his functions; and it was a disturbance within the precinct whilst a House was meeting. The Initiator stated that on a balance of probabilities, the evidence before the Committee proved all the charges against the affected Members.

Following the submission by the Initiator, the Chairperson determined that the meeting was without a quorum as Members had left to attend to other business and he reluctantly postponed the deliberation on the findings of the Initiator to a date early in the new year.

Meeting report

Opening Remarks

The Chairperson welcomed Members to the Committee meeting. He noted that some Members had to leave at 10:00 and he determined that the meeting should attempt to reach a close by 10:00 as a quorum was required to reach a decision on the proposals to be made by the Initiator. Should the meeting be unable to reach a decision before Members had to leave, he would have to re-convene the meeting in the new year in order for the Committee to take a decision.

 

He stated that before he called on Adv Ncumisa Mayosi, appointed by Parliament as the Initiator for the Committee, to present her findings, the Committee had other matters to attend to.

 

Minutes

The minutes of 13 November 2020 were presented and adopted unanimously with no amendments.

 

Draft Report of the Powers and Privileges Committee into allegations of conduct constituting contempt of Parliament by Members of the Economic Freedom Fighters during the State-of-the-Nation Address

The SONA report was presented to the Committee. The Chairperson indicated that the report would not be read as it had been handled in the meeting of 13 November 2020 and Members had copies of the report.

 

Ms D Peters (ANC) proposed the adoption of the report. Her proposal was seconded by Mr D Stock (ANC).

Dr M Ndlozi (EFF) noted the abstention of the EFF.

 

Resolution:  The Draft Report of the Powers and Privileges Committee into allegations of conduct constituting contempt of Parliament by Members of the Economic Freedom Fighters during the State-of-the-Nation Address was adopted by the Committee with one abstention.

 

Procedural matters

The Chairperson asked Adv Victor Ngaleka, Procedural Advisor:  Table Staff, Parliament, to explain to the Members where the Committee was in terms of the procedure of a hearing.

 

Adv Ngaleka was inaudible.

 

Mr Andile Tetyana, secretariat, presented the rules. The Initiator had to present the closing arguments and if she did not recommend that the Committee find the affected Members guilty, that was most likely the end of it, although the Committee would deliberate on her recommendation, but if the Initiator presented a guilty finding in her opinion, the Committee would deliberate on her submission.

 

The affected Members could be invited to present mitigating circumstances. The attorneys of record would be invited and the Initiator would respond to his input.

 

Once the Committee had come to a decision, the Committee had to inform the House of the decision. It was most likely that the process would be continued the following year.

 

The Chairperson stated that point 9 on the procedure schedule had been presented by the secretariat. He wished to ensure that the Committee followed the correct procedure.

 

He reminded the Committee that the affected Members had chosen not to engage in the process. He asked that anyone speaking turn on their video so that the person could be seen when speaking.

 

Adv Ngaleka reminded the Chairperson that the meeting was being broadcast live.

 

The Chairperson welcomed Adv Ncumisa Mayosi.

 

Submission on findings and recommendations

Adv Mayosi submitted her closing arguments and findings in respect of the hearing on the removal of the Economic Freedom Fighters from the Mini-Plenary on the Public Enterprises Budget Vote 9 on 11 July 2019 following the hearing that had concluded two weeks previously. The Committee had been mandated to inquire into the matter and to report on its findings. Charges were effected against 16 EFF Members.

 

The Committee had decided that the Members would be granted the request for legal representation but while Counsel provided reasons for them not appearing and legitimising the hearing, Counsel had been instructed by his clients to withdraw from proceedings prior to the hearing as it was considered unfair as the Committee contained a majority of ANC Members. Counsel indicated that he would launch legal proceedings in the Cape High Court.

 

Adv Mayosi referred to a previous court case in 2014 in which the EFF had complained about bias in such Committees as the Powers and Privileges Committee when it came to matters of disciplinary hearings. The EFF had lost that case and had not taken it up on appeal.

The EFF also complained that Members of Parliament from other Committees had crossed the floor in contravention of the rules but she was of the opinion that Members from the ANC, DA and ACDP had crossed the floor in reaction to the threat posed by EFF Members and had not, in any way, disrupted the proceedings or interfered with the authority or functions of the House. The Standing Committee had not referred those Members to the Committee for disciplinary action.

The hearings had begun on 25 November 2020 in the absence of the affected Members from the EFF. She referred to testimony by the procedural officer on duty on the day in question, i.e. 11 July 2019, the testimony of the Presiding Officer on the day and that of the Deputy Sergeant-at-Arms who was in attendance.

 

She stated that a viewing of the video footage taken on the day of the incident confirmed the testimony and reflections of the witnesses. The Initiator identified the precise actions of the Members that she believed constituted unruly and disorderly conduct and showed that the crossing the floor was with the intention of disrupting the proceedings and preventing the Minister from performing his business in Parliament that day.

 

In the interests of time, Adv Mayosi did not read out the charges which had been read out during the hearing. Charges against Honourable Matiase could be found on page 540 of the record of proceedings. There were seven charges.

 

Thirteen Members, i.e., Honourable Ceza; Chabangu; Langa; Madlingozi; Mohlala; Montwedi; Msane; Mthenjani; Paulsen; Shembeni; Siwisa; Sonti; and Tito were all charged with charges identical to charges 3, 4, 5, 6 and 7 of the above charges against Honourable Matiase. They each faced five charges.

 

Honourable Hlongwana (page 512) and Komane (from page 521) faced seven charges, which Adv Mayosi read out.

 

Adv Mayosi provided the details of each Rule that the Members had been charged with.

 

Findings

Mr N. Matiase (EFF)

Mr Matiase’s conduct was in clear breach of Rules 92(8), 92(9), 92(11), 69(a), 69(c), 69(d). His conduct: Interfered and impeded the exercise by the Presiding Officer of her functions in contravention of section 7(a) of the Act;

Interfered with and impeded her ability to exercise her authority in contravention of section 7(a) of the Act;  Interfered, and improperly so, with the performance by the Minister of his functions in contravention of section 7(b) of the Act; 

Mr Matiase in fact created and took part in a disturbance while the House was meeting, in contravention of section 7(e) of the Act.

Mr Matiase’s conduct constituted contempt of Parliament in terms of section 13(a) and (c) of the Act.

 

For all those reasons Mr Matiase was guilty of conduct alleged in charges 1, 2, 5, 6 and 7.

 

Ms N Hlonyana (EFF)

Mrs Hlonyana, by her conduct:

Improperly interfered with and impeded the performance by the Presiding Officer or her functions and authority;

Improperly interfered with the performance by the Minister of his functions;

Created and took part in a disturbance while the House was meeting.

 

Mrs Hlonyana was guilty of contempt of Parliament in terms of section 13(a) and (c) of the Act, and a finding of guilty was justified for charges 3, 4, 5, 6 and 7 as set out in the notice.

 

Ms R Komane (EFF)

Mrs Komane raised a point of order again after the Presiding Officer had made a final ruling, which was binding on Mrs Komane and which Mrs Komane ignored;

She disrupted the proceedings by raising a point of order that did not comply with Rule 92;

She deliberately created serious disorder and disruption;

She repeatedly undermined the authority of the Presiding Officer; refused to obey her rulings and repeatedly disrespected and interrupted her.

 

By engaging in such conduct, Mrs Komane took part in a disturbance during a meeting of the House, which was grossly disorderly;

improperly interfered with the exercise or performance by the House of its authority or function;

Improperly interfered with the performance by the Minister of Public Enterprises of his functions as a Member.

Ms Komane made herself guilty of contempt of Parliament in terms of section 13(a) and 13(c) of the Act.

 

A finding of guilty was therefore fitting in relation to the allegations made in charges 3, 4, 5, 6 and 7.

 

 Charges relating to crossing the floor

All the remaining Members were charged with the identical charges in that regard. On the evidence of the video footage and Mr Mahlangu, each one of the affected Members could be seen, and was identified, crossing the floor in front of the benches, during the proceedings, and thereby:

Improperly interfering with or impeding the exercise or performance by the Presiding Officer of her authority and functions, in contravention of section 7(a) of the Act; and

Improperly interfering with the performance by the Minister of Public Enterprises of his functions as a Member of Parliament, in contravention of section 7(b) of the Act.

 

The charges in relation to breaching Rule 64(d) appeared as charges 1 and 2 in the notices in respect of Mr Ceza; Mr Chabangu; Mrs Hlonyana; Mrs Komane; Mr Langa; Mr Madlingozi; Mrs Mohlala; Mr Montwedi; Mrs Msane; Mr Mthenjane; Mr Paulsen; Mr Shembeni; Ms Siwisa; Ms Sonti and Ms Tito and as charges 3 and 4 in respect of Mr Matiase’s notice.

 

In addition, the affected Members’ conduct implicated Rule 69 of the Rules of the National Assembly. The charges in relation to Rule 69 appeared in charges 3, 4 and 5 of the notice in respect of Mr Ceza; Mr Chabangu; Mr Langa; Mr Madlingozi; Mrs Mohlala; Mr Montwedi; Mrs Msane; Mr Mthenjane; Mr Paulsen; Mr Shembeni; Ms Siwisa; Ms Sonti; and Mrs Tito and as charges 5, 6 and 7 of Mr Matiase’s notice.

 

The affected Members crossed the floor of the House during the proceedings; approached the podium where the Minister of Public Enterprises stood to speak and remained there until they were removed from the House. They deliberately created serious disorder and disruption. They undermined the authority of the presiding officer and disrespected her. Their conduct constituted contempt of Parliament in terms of section 13 (a) and section 13(c) of the Act, in that, it impeded or improperly interfered with the Minister’s performance of his functions as a member and improperly interfered with and impeded the exercise by the Presiding Officer of her functions and authority.

 

The consequences of the affected Members’ conduct was that it impeded the House from performing its function and continuing with the business of the day; it interfered with the performance by the Minister of his functions; and it was a disturbance within the precinct whilst a House was meeting. On a balance of probabilities, the evidence before the Committee proved all the charges against the affected Members.

 

Conclusion

Adv Mayosi stated that the evidence before the Committee proved all the charges against the affected Members. She proposed that the Committee deliberate and that the affected Members be invited to make submissions.

The Chairperson thanked Adv Mayosi for her briefing.

 

Consideration of the need to deliberate on the briefing

The Chairperson indicated that the Committee was required to deliberate on the closing arguments. If the Committee agreed with the recommendation, the Members charged had to be given an opportunity to make submissions. If the Committee disagreed, there would be no further matters to attend to other than to inform the House of Assembly of the Committee’s decision.

 

The Chairperson noted that a quorum was required. He asked Members if they were available to stay in the meeting until the end.

 

Ms V Siwela (ANC) stated that she was about to log off.

 

The Chairperson noted that Ms Peters was no longer on the platform. He asked the Secretary whether there was a quorum. There was not.

 

Dr Ndlozi asked for the submission by Adv Mayosi in writing. He proposed that the meeting should be adjourned and reconvened at the first opportunity in the new year.

 

Adv Ngaleka confirmed that in accordance with Rule 162(2), a majority of the Members had to be present, i.e. six Members in an 11-Member Committee.

 

As there were only five Members on the platform, the deliberation would have to be postponed. The Chairperson expressed his disappointment that Members had not prioritised the matter as it referred back to 2019 and the next meeting could only be in 2021.

 

The Chairperson stated that it was most unfortunate that the matter would have to be postponed. He informed Members that the next meeting would have to be before 25 January 2021 as the Committee would require two weeks to finalise the matter before the business of Parliament began.

 

He stated that the request for a written copy of the submission by Adv Mayosi was a fair request.

 

Adv Mayosi promised to provide the submission to the Committee within the hour.

 

Dr Ndlozi said that Adv Mayosi should have provided it in writing before the meeting.

 

The Chairperson ruled him out of order

 

Dr Ndlozi asked the Chairperson if he was going to charge him because he disagreed with the Chairperson.

 

Closing remarks

The Chairperson thanked the Members (slightly indistinct/inaudible). He stated that the Members had worked well during the year and attendance at meetings had been excellent.

 

He wished Members all of the best for Christmas and the festive season. Members had to rest as it had been a turbulent year. With the outbreak of Covid-19, Members had lost colleagues, friends and family Members. He cautioned them to take care and to follow all the prescripts for preventing the virus.

 

The Chairperson stated that he would see everyone in the new year.

 

The meeting was adjourned.

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