Powers and Priviledges Act in spotlight

Deputy President Cyril Ramaphosa responds to questions in the National Assembly, Parliament, Cape Town on Wednesday, 4 March 2015. Picture: Department of Communications (DoC)/SAPA

Deputy President Cyril Ramaphosa responds to questions in the National Assembly, Parliament, Cape Town on Wednesday, 4 March 2015. Picture: Department of Communications (DoC)/SAPA

Published Mar 4, 2015

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Parliament, Cape Town - Government was open to a possible review of contested sections of the Powers and Privileges Act which allows police to enter Parliament’s chambers to remove and arrest MPs, Deputy President Cyril Ramaphosa said on Wedneday.

“We shall consider what you are suggesting,” Ramaphosa said to a question from Congress of the People MP Mosiuoa Lekota who asked that sections four, five and 11 of the Act should be struck down.

The contested sections of the Act empower police to arrest and remove MPs from Parliament’s two houses on instruction from the legislature’s presiding officers.

Lekota said these sections clashed with the Constitutional principle of a separation of powers

“That act is in conflict with the provisions of the Constitution in that in those sections it grants the Speaker and presiding officers of Parliament powers to usurp executive powers and command the security services of the country,” Lekota said.

“It is dangerous to keep that Act in place . The reason the police could come in here and assault members of Parliament is because of that anomalous situation.”

Ramaphosa indicated he was open to discussing the matter.

“We are always open, honourable Lekota, to hear views and suggestions and speaking for myself I am happy to hear hon. Lekota…constructively putting together a view he would like us to consider,” said Ramaphosa.

South Africa’s biggest opposition party, the Democratic Alliance, had already launched a court bid to have section 11 struck down.

The case would be heard in the High Court in Cape Town on Thursday March 5.

The DA claims section 11 of the Act was not consistent with section 58 of the Constitution which guarantees MPs immunity from civil and criminal proceedings for “anything they have said in, produced before, or submitted to the Assembly or any one of its committees”.

ANA

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