HIGH COURT AFFIRMS SPEAKER’S AUTHORITY AND PARLIAMENT’S PROCESSES AS APPLICATION TO REMOVE SPEAKER IS DISMISSED

Parliament, Wednesday 7 October 2015 – Parliament welcomes today’s decision by the Western Cape Court to dismiss an application by three minority Parties to have the Speaker, Ms Baleka Mbete, removed from Office.

The Parties contended in their application that the Speaker had acted contrary to the law, conventions and practices that required her to maintain neutrality and fairness. They also claimed that the NA rule on motions of no confidence in the cabinet or the President was inconsistent with the constitution. 

Further, the Parties sought declaratory relief pertaining to the manner in which a vote of no confidence is conducted and contended that the Presiding Officers had the discretion to conduct the vote by secret ballot. 

In its judgement, the Court noted that the Speaker is an experienced politician who had served as Deputy Speaker and Speaker cumulatively for a period of fifteen years. “It is remarkable that the allegations regarding the Speaker’s conduct in the House manifested themselves only over a year ago”, the judgement states.

“An incumbent in this position…. is always mindful of constitutional duties and the commitment to act impartially, equitably and without bias.” 

On the matter of the political affiliation of the Speaker, the judgment says there was no constitutional or statutory impediment to the Speaker occupying any leadership position within a political party, or participating in the activities of the political party. 

“The Speaker is entitled to remain as an office bearer of a political party, participate in its activities and campaign for political rights. Affiliation to a political party cannot in itself point to a lack of objectivity and impartiality. The Speaker’s membership of the NEC does not render her incapable or biased in performing her duties as Speaker.”

“Similarly attending meetings of the ANC caucus does not translate into a failure to conduct duties impartially as the Speaker. Consequently there is no legal basis to find that the Speaker cannot continue to hold the position of Chairperson of the National Executive Committee of the ANC as well as that of Speaker.”   

The judgment significantly states that any attempt by the court to substitute the decision of the Speaker would be tantamount to an intrusion in the doctrine of separation of powers. 

It is inconceivable how Speaker is attributed blame for ‘chaos’ in the National Assembly. The Speaker is obliged to conduct proceedings within confined boundaries set by Parliament rules and procedures, the judgment states. 

The judgment provides an authoritative affirmation of established Parliamentary processes, its conventions, practices and Rules as well as the Presiding Officers’ power to execute these as envisaged in the Constitution.

In welcoming the judgement Parliament wishes to again encourage Members to use the review of the Rules process to make meaningful contribution and improve the Rules of the NA rather than resorting to recurrent applications to the courts. 

Members also have constitutional power to introduce private Members’ bills to effect statutory reforms.

There are processes within Parliament to address any grievances or shortcomings in the current legislative instruments. MPs are encouraged to take advantage of the review of the Rules to ensure that the Rules facilitate the discharge of their mandate rather than hinder them. 

A multi-party sub-committee which is assisted by experts is working to review the Rules to ensure that they better reflect the provisions of the Constitution.

Statement issued by Parliament, 7 October 2015