Unbecoming conduct of EFF Members causes delays in the House sitting at the Gauteng Provincial Legislature sitting on the 01/07/2014
The House Sitting of the Gauteng Provincial Legislature convened today to consider the debate on the State of the Province Address was delayed by two hours as a result of Members of the EFF violating the Standing Rules of the House and being in contempt of the Presiding Officer, Speaker Ntombi Mekgwe who had requested them to leave the House on the basis of their contravention of the dress code as stipulated in the Rules.
The issue of the dress code has been deliberated upon on numerous occasions in meetings with the EFF Members, including during the training and induction of all Members as well as during the Mock Sitting. On these occasions, the ruling of the House related to the dress code was reconfirmed.
The Standing Rules and Orders are also based on the provisions of the Constitution-Section 116 which provides that Provincial Legislatures may make Rules and Orders to regulate their internal business, procedures and proceedings with due regard to representative and participatory democracy. The Standing Rules also provides for a procedure that must be followed to amend the Rules, this includes the proposed amendments being considered by the multi-party Rules Committee before they are referred to the House for approval.
At the beginning of the sitting today, the Speaker noted that members of the EFF were in contravention of the House Rules and precedent set in November 2011 relating to the dress code by Members of the Provincial Legislature. To this end, the Speaker made a ruling on the dress code of Members and thus requested the said Members to leave the House. The Members of the EFF refused to leave the House and thus were in contempt of the Presiding Officer.
In explaining the above mentioned rule, the Speaker referred Members to a previous Ruling by the House dated 4th November 2011. The said Ruling also emanated from an investigation by the Office of the Integrity Commissioner and a Recommendation by the Standing Committee on Privileges and Ethics. The effect of the Ruling was that an Hon. Member should when executing his or her duties be dressed in a manner which accords with the decorum of the House and which does not display party affiliation.
It should be noted that Members of the Legislature enjoy privileges and immunities as well as freedom of speech in terms of the Bill of Rights and the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act 4 of 2004. In terms of the provision of the Constitution and the Act, members can debate any matter under consideration without fear of favour. To this end, Members of the EFF will still have an opportunity to debate in the House on condition that they abide to the existing Standing House Rules and decorum of the Legislature.
The said members of the EFF were requested by the Speaker to leave the House in the light of their contravention of the Rules and they refused to do so. They then continued to conduct themselves in a grossly disorderly manner which is unbecoming of a Member of the legislature, disrupted the proceedings of the House and manhandled officials, security and members of the South African Police Services who were called upon to accompany them out of the House.
The Speaker subsequently invoked provisions of the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act in particular Sections 7 and 11 of the Act which provides that a person who creates or takes part in a disturbance in the precinct of the House may be arrested and removed from the precinct on the order of the Speaker or Chairperson, by a staff member or member of the security services.
The Speaker further advised Members that besides being ejected from the House, they may face further appropriate sanction.
Upon the removal of the EFF members, the sitting of the House proceeded smoothly and dealt with the business of the day.
In conclusion, the Speaker will request the Integrity Commissioner to investigate the conduct of Members during the sitting and to advise the House on appropriate action to be taken against contravention of Standing Rules.
Statement issued by Secretary to the Gauteng Provincial Legislature, Mr Peter Skosana, July 1 2014
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