NEWS & ANALYSIS

Zukisa Faku's resignation: Answers needed – John Steenhuisen

DA Chief Whip to submit a PAIA application to IEC for ex-MP's signed acceptance of nomination form

Parliament must answer urgent questions on the circumstances surrounding Zukisa Faku’s resignation

10 July 2019

The Democratic Alliance (DA) has noted the resignation of ANC MP Zukisa Faku, former mayor of Buffalo City Metro, from Parliament earlier this week.

The DA will today be writing to the Secretary of Parliament to determine what the exact circumstances are that surround Ms Faku’s election and subsequent resignation as Member of Parliament.

Should it turn out that Ms Faku was never eligible for election, Parliament should conduct an urgent review to establish where and how their internal vetting systems failed to pick this up. Parliament would then also be obligated to recover the money and benefits Ms Faku received while masquerading as a lawful Member of Parliament.

In order to be elected, Ms Faku had to sign a nomination acceptance form from the Independent Electoral Commission (IEC) in which she was required to declare that she is not disqualified from standing for the elections in terms of any applicable legislation. If she was in fact not eligible for election at the time she signed this form, she fraudulently misrepresented her status and more serious consequences should follow.

She also signed an oath of office in which she swore to obey, uphold and respect the Constitution and the laws of the Republic – possibly while all the while knowing that she is constitutionally barred from being a Member of Parliament.

In addition to writing to the Speaker on this matter, the DA will therefore also be submitting an application to the Independent Electoral Commission (IEC) in terms of the Promotion of Access to Justice Act (PAIA), to obtain a copy of Ms Faku’s signed acceptance of nomination form.

The DA believes that Ms. Faku’s brief stint as Member of Parliament should not be without consequences.

The DA finds the way the ANC has been abusing Parliament appalling. Parliament is not a luxury boarding school for errant members and questionable characters. It is high time the ANC starts to respect Parliament as the independent and constitutional institution that it is meant to be.

Issued by John SteenhuisenChief Whip of the Official Opposition, 10 July 2019