Nhleko is in contempt of Parliament

7 December 2016

The Minister of Police put on a silver-tongued display of ducking and diving at today’s Portfolio Committee on Police, where he was called to account for his public spat with the Director of the Independent Police Investigative Directorate (IPID), Robert McBride. It is our contention that his conduct was a breach of the Powers and Privileges Act and that Nhleko is in contempt of Parliament.

The Minister completely avoided directly answering questions related to McBride and IPID, and claimed that it would be “improper”, “prejudicial” and an “unfair legal practice” to discuss this and related matters.

This is exactly what he was called before the Committee to do and by not directly and properly answering for his actions, he has evaded accountability and frustrated the work of the Portfolio Committee.

The DA will therefore write to the Speaker of the National Assembly, Baleka Mbete, to request that she establish a Standing Committee to inquire into this charge, as specified in line with Section 12(2) of the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act (the Act).

Section 7(a) of the Act states specifically that “a person may not improperly interfere with or impede the exercise or performance by Parliament or a House or committee of its authority or functions.”
By giving the Committee the run-around and failing to answer questions on IPID, McBride and his own conduct, despite being specifically invited and requested to do so, this is exactly what Nhleko was doing.

This constitutes contempt in terms of section 13 of the Act and in terms of section 10 of the Rules of the National Assembly, and as such is subject to disciplinary procedure.

The Minister clearly has little regard for Parliament and only expects it to obey his instructions, do his bidding and advance his interests. This is unacceptable.

This is not the first time his blatant disregard for Parliamentary process has been on show. We saw this when Nhleko tried to get Parliament to rubber-stamp his decision to suspend Anwa Dramat last year.

More than that, the Minister treats the people of South Africa with shocking disrespect. He claims to be concerned with the safety of citizens and the stability of the country, but he makes a mockery of the criminal justice system by using the Ministry to play political games and settle personal scores, instead of prioritising the professionalisation of the police service so that it can better fight and reduce crime.

Nhleko must be made to account for his shocking and patronising behaviour and be held accountable for disregarding and frustrating parliamentary processes aimed at improving the functioning of the police service and the entities that report to the Minister.

Issued by Zakhele Mbhele, DA Shadow Minister of Police, 7 December 2016