Today, the IFP and other political parties walked out of the purported meeting of the ad-hoc committee on secrecy legislation on account of a technical matter which has great importance. The meeting was invalidly and wrongly constituted.

We recognize that the ANC has a majority which enables it to do what it wishes, but it must do so in terms of the Constitution, laws and regulations, including the rules and procedures of Parliament, failing which the Republic is doomed.

There is consensus that the ad-hoc Committee must continue, but this requires a decision of the National Assembly. The Deputy Speaker wrongfully, illegally and unprocedurally changed the resolution of the National Assembly which set the expiry date for the Committee.

The Speaker has no authority to do so. No Speaker can alter a decision of the National Assembly for the Speaker is but the mouth of the National Assembly. The Deputy Speaker resorted to Rule 2 which gives the Speaker the power to frame a rule where no rule exists and in case of an unforeseen eventuality.

This rule only applies in respect of the conduct of proceedings. Rules 214 to 216 deal with all aspects of ad-hoc committees giving no power to the Speaker to extend them. The eventuality of the expiry of the ad-hoc committee before completion of its work has long been foreseen and spoken of. 

Moreover, the Deputy Speaker acted during recess, ignoring the requirement of Rule 163 (1) which commands that any policy decision, such as that of extending or not extending an ad-hoc committee or establishing a new one, must be adopted by the Speaker only in consultation with other parties listed therein.

The IFP's, DA's, ACDP's and COPE's walk-out today question whether the ANC can do as it wishes irrespective of rules and procedures. The secrecy legislation is bound to be controversial, and one should not introduce into the Bills procedural shortcomings which could translate into grounds of unconstitutionality.

We are concerned by the lack of pragmatism, reasonableness and legal acumen shown in the Speakers office. This matter has been canvassed in correspondence for several days and the present impasse could have, and should have been avoided by merely postponing today's meeting by a few days to allow the National Assembly, to fix the problem correctly and procedurally by means of a resolution.

Statement issued by Mario GR Oriani-Ambrosini MP, Inkatha Freedom Party, February 15 2011

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