BLOOM TAKES GAUTENG LEGISLATURE TO COURT
An application is being made today in the South Gauteng High Court to set aside and review the reports and proceedings in the Gauteng Legislature that led to the sanction against me for my corruption allegations against former Gauteng Health MEC Brian Hlongwa.
These allegations concerned Hlongwa's purchase of a R7.2 million house in Bryanston where Mr Richard Payne, the Managing Director of 3P Consultants acted as his representative.
Papers are being served on the Speaker of the Gauteng Legislature, Lindiwe Maseko, as well as on Deputy Speaker Steward Ngwenya in his capacity as chairperson of the Privileges and Ethics Committee, and on the Legislature's Integrity Commissioner, Advocate Jules Browde.
The DA is taking this matter to court in order to set aside an appalling precedent that restricts the free speech rights of a public representative in exposing possible corruption.
It is outrageous that I was sanctioned for questioning the relationship between Hlongwa and 3P Consultants, which has earned millions of rands from the Gauteng Heath Department, and whether there was any pay-off that enabled Hlongwa to afford such an expensive house.
There were gross substantive and procedural flaws in the proceedings that led to the Legislature adopting a report of the Privileges and Ethics Committee that recommended that I apologise to the House and to Hlongwa for my press statements in this matter.
Firstly, I was not allowed to make my case in person to the committee, despite a clear rule that mandates this.
Secondly, the Legislature adopted the committee's report without a copy being placed before members. This is unlawful, irregular and procedurally unfair.
The Browde report was largely accepted by the committee despite its inadequate investigation that purported to clear Hlongwa of any influence in the award of the 3P tender, and various errors and inconsistencies that let him off the hook while criticizing me.
A recent Auditor-General's report vindicates me as it has uncovered a host of irregularities in the award of the 3P tender.
Browde also did not see anything untoward in a R1 million "loan" arranged by Hlongwa's lawyer Mr Siven Samuel, whereas I felt that the identity of the lender should have been uncovered, and whether it was given on favourable terms that meant it should have been declared as a gift.
The application also aims to set aside the Speaker's suspension of me for five days for refusing to apologise, although this would be symbolic as I have already served this punishment.
This is a very important court action as a Legislature is constitutionally obliged to follow fair proceedings, and the free speech of public representatives needs to be defended, otherwise the ruling party will be able to impose restrictive conditions on how controversial allegations are publicised in the media.
According to Browde, a public representative should first go to him or to the Public Protector instead of the press when corruption allegations about an executive member are made.
This is unconstitutional and could effectively muzzle parliamentarians. For instance, such a rule could have been used by the ANC in Parliament to censure DA MP David Maynier for his exposure of the dodgy arms deals.
This is a censorship weapon that must be avoided in Parliament or in any Provincial Legislature.
Statement by Jack Bloom. MPL, Democratic Alliance Gauteng corruption spokesman, December 7 2009
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