Cape Town - The EFF party wants the Western Cape High Court not only to review and set aside the powers and privileges committee’s guilty verdict for its “Pay back the money” fracas, but also for Speaker Baleka Mbete to be removed from her job.
This emerged in court papers filed for an urgent interdict application against last week’s National Assembly adoption of the powers and privileges committee’s report finding 20 EFF MPs, including party leader Julius Malema, guilty of contempt of Parliament - and suspending without pay 12 of the 20 MPs for between 14 and 30 days, and fining the others the equivalent of 14 days’ salary.
The charges were brought in the wake of the EFF protest during presidential question time in the House on August 21 after the party claimed President Jacob Zuma had failed to answer its direct question about when, and how, he would repay at least some of the R215 million taxpayer-funded security upgrades at his Nkandla estate, as the public protector found in March.
The “Pay back the money” rumpus ultimately scuppered presidential question time with three of six questions left unanswered.
The court papers filed late on Monday argue that the National Assembly “failed to carry out or fulfil its obligation” under the Constitution to hold the executive accountable, and to maintain oversight, in relation to the Nkandla security upgrades and public protector findings.
And Mbete had failed to ensure the National Assembly carried out its constitutional mandate, the court papers argue.
“It is declared that Ms Baleka Mbete is not suitable to hold the position of Speaker of the National Assembly. The National Assembly is directed to take appropriate steps to initiate proceedings for the removal of Ms Mbete as Speaker of the National Assembly, forthwith,” says the notice for an urgent interdict application scheduled to be brought on Thursday.
The court application cites Mbete in her capacity as Speaker, but also personally, powers and privileges committee chairman Lemias Mashile and Zuma as respondents. They now have 24 hours to file replying affidavits.
The powers and privileges committee’s guilty verdict was adopted in Thursday’s last sitting of the National Assembly on the back of ANC numbers, with a vote of 210 for, 111 against and 3 abstentions. The suspensions kicked in on Friday, following an official notification to the EFF MPS.
It followed the National Assembly’s earlier adoption of the Nkandla ad hoc committee report, which cleared Zuma in the Nkandla security upgrade spending debacle.
Political Bureau