SONA Signal Jamming: Mahlobo should be summoned before Parliament to explain himself

29 September 2016

The DA welcomes today’s ruling by the Supreme Court of Appeal (SCA) that the jamming of telecommunications signals during the 2015 State of the Nation Address, as well as the cutting of the live television feed, was both unconstitutional and unlawful.

This is precisely the point of order I raised on the day when I pointed out that the signal jamming was a direct violation of the Constitution and the Bill of Rights. My sentiments were echoed by DA Leader, Mmusi Maimane MP, who said:

“We want South Africans to hear ideas. We want them to hear the state of the nation address. We simply cannot proceed unless that jamming device is disconnected.” 

The SCA judgement is a significant victory for those of us who want to see Parliament do its job in an open and transparent way. 

On the basis of this unanimous finding that this conduct was unlawful, Parliament should summon State Security Minister, David Mahlobo, to explain himself. His attempts to cloak Parliament and hide its activities from the public is outrageous and cannot go unpunished.

The time has also come for a full and proper debate in Parliament about the legislature’s duty to uphold the Constitution and its principles. Speaker Baleka Mbete must start standing up for Parliament and the Constitution, and stopping trying to protect Jacob Zuma and the executive at all costs. 

In its scathing indictment of the NA Speaker, the Chairperson of the NCOP, the Secretary to Parliament and the Minister of State Security, the SCA upheld the May 2015 judgement handed down by the Western Cape High Court and noted the following:

“The rules and policy adopted by Parliament governing the broadcast of disorder in the Parliamentary Chamber violate the public’s right to an open Parliament and are unconstitutional and unlawful. The disruption of the cell phone signal in Parliament during the State of the Nation address was in contravention of the s 4(1) of the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act 4 of 2004 and was unlawful.”

The SCA ruling once again confirmed the independence and conviction of South Africa’s judiciary. But it also emphasised the foolishness of our Executive who, time and again, take matters on appeal only for the original judgement to be upheld. This familiar and costly stalling tactic must come to an end. 

The SCA ruling is only the latest in a raft of judgements against Parliament’s presiding officers, bringing into stark focus their inability to preside objectively over the House. The Speaker’s entanglement in this matter is now beyond dispute. In her bid to protect Jacob Zuma at all costs, she felt nothing to trample on the Constitution and the rights enshrined therein. 

Parliament deserves impartial presiding officers who are committed to the proper functioning of our legislature rather than shielding the Executive.  

Issued by John Steenhuisen, Chief Whip of the Democratic Alliance, 29 September 2016