Baleka Mbete, you have no right to speak on behalf of Parliament
8 August 2015
Yesterday the Speaker of the National Assembly (NA), Baleka Mbete, released a statement on behalf of Parliament lambasting the Public Protector stating “the reason offered for this unprecedented move to address the NA and its Speaker [in a press conference] is not consistent with the Constitution, the Public Protector Act and democratic practices which we are used to.”
These remarks were made in response to the Public Protector, Adv Thuli Madonsela's press conference earlier this week relating to the Nkandla Ad Hoc Committee established to consider the Minister of Police, Nathi Nhleko's illegitmate report into the upgrades made at President Jacob Zuma's private residence at Nkandla.
This move by Ms Mbete is as inexplicable as it is baseless given that she is speaking on a matter that has not yet been resolved by Parliament and is before the Ad Hoc Committee. She released a statement that resembles her remarks in her capacity as the Chairperson of the ANC.
In fact, she could’ve communicated in this capacity or in her capacity as the Speaker of the NA but not on behalf of Parliament. This is a disgraceful move by the Speaker who has clearly demonstrated that she does not understand parliamentary process. This is most likely deliberate because she, as we have long held, was dispatched to Parliament to serve no other purpose but to protect President Zuma from any and all accountability.
Her statement goes on to say that “Parliament will continue to support all institutions supporting democracy and ensure that they exercise their powers and perform their functions without fear, favour or prejudice. Parliament will assist and protect these institutions to ensure their independence, impartiality, dignity and effectiveness as required by the Constitution. Parliament recommits itself to the supremacy of the Constitution and the rule of law. It reasserts its independence as an institution that carries the mandate of the citizens of South Africa.”
This is extraordinarily rich by the Speaker because the Public Protector requested leave to appear in Parliament on this very matter; not once, not twice but three times and it was the ANC in Parliament who blocked her at every turn.
In recent times, the Public Protector’s appearances have been met with utter contempt. Most notably when she last appeared before the Portfolio Committee of Justice and Correctional Services, Mathole Motshekga, the Committee’s Chairperson, treated her and by extension her office with sheer disdain. He went on to suggest that her office was completely malfeasant. The DA has no doubt that he did this as part of an ANC-wide campaign to discredit her office and her work to aid President Zuma evade all due accountability in the Nkandlagate scandal.
While Mbete is the Speaker of the NA she cannot use her position to further the ANC’s agenda and must be reminded that the National Assembly is made up 400 members and that any and all communication on behalf of Parliament must be impartial and reflect the sentiments of those members and not use Members of Parliament to legitimise her nefarious party political agenda.
In the absence of such a resolution she simply has no right to speak on behalf of all Members of Parliament.
In addition the Speaker goes on to state that “the Constitution [and] institutions supporting democracy, of which the Public Protector is one, are accountable to the NA and must report on their activities and the performance of their functions to the NA at least once a year. This is reinforced by section 8 of the Public Protector Act which also requires the Public Protector to table reports in the National Council of Provinces.”
One would hope that Baleka Mbete as the Speaker of the NA would heed her own words and honour the constitutional functions of the Public Protector and not show this institution contempt in this way. Her track record as the Speaker coupled with this statement prove that she has no legitimacy on this issue at all.
The DA has every belief that this serves no other purpose than to confirm that she is an impartial Speaker and is conflicted by her party political position as ANC chairwoman.
Additionally, Parliament is bound by section 181 of the Constitution, which mandates organs of state to uphold and protect Chapter Nine institutions. The Speaker clearly has no regard for this important constitutional provision and must retract her reckless remarks.
This is the latest attempt by the ANC to abuse Parliament, in order to protect President Jacob Zuma from any and all liability in the Nkandla scandal and we will not be coerced into being complicit in this campaign.
Statement issued by John Steenhuisen MP, Chief Whip of the DA, August 8 2015
