Report of the Powers and Privileges Committee of the National Assembly on the hearing into allegations of conduct constituting contempt of Parliament by members of the National Assembly

1.         Referral

On 26 August 2014, the Speaker of the National Assembly referred “an incident of grave disorder in the House (sic)” to the Powers and Privileges Committee (the Committee) for inquiry. The incident, involving 20 members of the National Assembly, took place on 21 August 2014, during Question Time to the President.

 

In her referral letter, the Speaker requested the Committee to deal with the issue  as a matter of urgency and with due regard to the Rules of the National Assembly and the Schedule to the Rules, and to submit to the National Assembly a report on its findings and recommendations in terms of Rule 194(2)(b).

 

2.         Mandate

Rule 191 of the National Assembly Rules establishes the Committee as required by section 12(2) of the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act, No. 4 of 2004 (the Act). The Committee is mandated by section 12(1) of the Act to inquire into and pronounce “upon any act or matter declared by or under section 13 to be contempt of Parliament by a member, and taking the disciplinary action provided therefore.”

 

Furthermore, section 12(3) of the Act requires the Committee to inquire into the matter in accordance with a procedure that is reasonable and procedurally fair, and table a report on its findings and recommendations in the National Assembly.

 

3.         Membership of the Committee

3.1        The Committee was constituted as follows-

Chairperson: B L Mashile (ANC)

R M Mdakane (ANC)

M R M Mothapo (ANC)

J D Kilian (ANC)

J Moloi-Moropa (ANC)

C Nqakula (ANC)

A Lotriet (DA)

S Esau (DA)

NF Shivambu (EFF)

M A Mncwango (IFP)

M L Filtane (UDM)

 

3.2        Alternate members of the Committee-

M Booi (ANC)

B T Bongo (ANC)

S Luzipho (ANC)

N Mthembu (ANC)

K Litchfield-Tshabalala (EFF)

W M Madisha (COPE)

 

3.3        Members of the Committee present at the Hearing were-

Chairperson: B L Mashile (ANC)

M R Mdakane (ANC)

M Booi (ANC)

BT Bongo (ANC)

M R M Mothapo (ANC)

J D Kilian (ANC)

A Lotriet (DA)

S Esau (DA)

D L Twala (EFF)

M A Mncwango (IFP)

M L Filtane (UDM)

 

Honourable Shivambu and Litchfield-Tshabalala could not represent their party at the hearing as they were part of the affected members of the National Assembly who were charged. Initially, the party was represented by honourable A M Matlhoko, who was subsequently replaced by honourable D L Twala. Honourable Twala walked out of the proceedings on 30 October 2014.

 

 

 

4.         Initiator

The Committee met on 4 September 2014 and resolved to appoint an Initiator in terms of item 5 of the Schedule to the Rules. Three nominations were proposed and considered by the Committee. On the same day, the Committee resolved to appoint Mr Randal Van Voore, an attorney with the law firm Bowman Gilfillan, as the Initiator.

 

In terms of the Schedule, the Initiator presents the evidence regarding the allegations against the affected members. The evidence presented to the Committee took various forms, including oral evidence by witnesses, documentary evidence and audio-visual recordings.

 

5.         Notice

In terms of the Schedule, charges were finalised against the affected members and notices containing the charges were served on the affected members as follows:

·         notices were emailed by the secretariat to both the personal and parliamentary email addresses of the affected members;

·         attempts were made by the Protection Services Unit of Parliament to hand-deliver the notices to the affected members; and

·         notices of six (6) of the affected members were delivered by the Sheriff of

          the High Court in line with item 2 of the Schedule.

 

6.         Meetings of the Committee

The Committee convened to hear the allegations of contempt of Parliament against the 20 affected members on the following dates: 

7, 8, 9, 15, 20, 21, 28, 30 October 2014 and 3 November 2014.

 

The Committee also met on 7 November 2014 to consider aggravating and mitigating factors before it considered appropriate penalties. The Committee held its last meeting on 10 November 2014 to adopt the Report.

 

7.         Hearing into allegations of contempt of Parliament

For purposes of the hearing, the 20 affected members were categorised into three groups (A, B & C) in terms of the number of charges leveled against them. To this end, the affected members in Group A faced between four and seven charges, Group B two charges and Group C one charge respectively. In relation to the six affected members in Group A, the hearing into allegations and charges of contempt were initially scheduled for Tuesday, 30 September, Wednesday, 1 October, and Thursday, 2 October 2014. The six members were honourable N F Shivambu, R P Ramakatsa, G A Gardee, Q Ndlozi, J S Malema and K Litchfield-Tshabalala.

 

The Committee hearing scheduled for the above dates, however, were postponed out of respect for the court process instituted by the Economic Freedom Fighters in the Western Cape High Court. On 29 September 2014, the court began proceedings in this regard. The Court dismissed the application challenging the legality of the referral by the Speaker of the incident of grave disorder of 21 August 2014, and struck the application off the court roll.

 

The postponement of the hearing was extended to the hearing that was scheduled for 3 October 2014 in respect of Group B, which was scheduled to inquire into allegations and charges of contempt of Parliament in relation to honourable J A Mngxitama, N S Matiase, O H Maxon, E N Louw, M Moonsamy and R N Mashabela.

 

The hearing for Group C members, which was scheduled for 6 October 2014, was consequently also postponed. The affected members were honourable A Matshobeni, P N Sonti, S M Khawula, V N Nqweniso, P Ntobongwana, Z K Morapela, B D Joseph and M S Mbatha.

 

8.         Commencement of Hearing

On 30 September 2014, all 20 affected members were notified in writing that they were required to attend the hearing of the Committee as from Tuesday, 7 October 2014. Furthermore, the members were informed that it was anticipated that the hearing, would continue until about 13 October 2014, and that further dates would be determined if required.

 

The affected members were informed that they were required to remain in attendance until the conclusion of the hearing. They were further advised that should they fail to attend the hearing, the hearing may be conducted and concluded in their absence in terms of the Rules.

 

All the affected members were present on the first day of the hearing, except honourable Moonsamy. The Committee was informed by honourable Malema that honourable Moonsamy was ill, that she had received the charges, that she understood the charges and that she was willing to appear before the Committee. The Committee was further informed that a medical certificate would be submitted in connection with honourable Moonsamy’s absence from the hearing.

 

The first item of business that the Committee dealt with was whether the  hearing should be heard in closed session or whether it should be opened to the public in terms of Rule 193(2) and (3) of the Assembly Rules. All parties agreed that the hearing should be open, and that it was in the public interest to do so. 

 

9.         Charges against the affected members

The Initiator put the charges to the affected members as follows:

 

9.1        Charge 1

Honourable Shivambu, Ramakatsa, Gardee, Ndlozi and Litchfield-Tshabalala were charged with the same charge, namely:

 

“It is alleged that you are guilty of conduct constituting contempt of Parliament in terms of Section 13(a) of the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act No 4 of 2004 (the Act) in that as a Member of Parliament and during ‘Questions to the President’ in the NA on 21 August 2014, you contravened Section 7(a) of the Act by improperly interfering with or impeding the exercise or performance by the National Assembly (the House) of its authority or functions when you refused to obey the instruction of the Speaker that you take your seat. This conduct impeded the House from performing its function of exercising oversight over the Executive by posing questions to the President and continuing with its business for the day.”

 

This charge appears in the notices of hearing as Charge 1 in respect of the five (5) members above.

 

 

 

9.2        Charge 2

Honourable Shivambu, Ramakatsa, Litchfield-Tshabalala, Gardee, Ndlozi and Malema were charged with the same charge, namely:

 

       “It is alleged that you are guilty of conduct constituting contempt of           Parliament         in terms of Section 13(c) of the Act in that as a Member of Parliament and during     ‘Questions to the President’ in the National          Assembly on 21 August 2014, you willfully failed and / or refused to obey Rule     51 and Rule 53(1), read together, of the Rules of the National           Assembly in      that you refused to withdraw immediately from the Chamber for the            remainder of the day’s sitting when you were ordered to do so by the Speaker.”

 

This charge appears in the notices of hearing as Charge 2 in respect of the six (6) members above.

 

9.3        Charge 3

Honourable Shivambu, Ramakatsa and Litchfield-Tshabalala were charged with the same charge, namely:

      

“It is alleged that you are guilty of conduct constituting contempt of Parliament in terms of Section 13(a) of the Act in that as a Member of Parliament and during ‘Questions to the President’ in the National Assembly on 21 August 2014, you contravened Section 7(b) of the Act by improperly interfering with or impeding the performance by a member of his or her functions as a member, in the following manner – when the Speaker requested Mr BH Holomisa (a Member of Parliament) to pose a question (i.e. a supplementary question) to the President, your conduct prevented Mr Holomisa, and other Members of Parliament who might have wished to ask the President further questions, from asking their question /s, thereby preventing them from performing one of their functions as a Member of Parliament (namely to hold the Executive to account by asking the President questions).”

 

This charge appears as Charge 3 in the notices of hearing in respect of the three (3) members above.

 

9.4        Charge 4

Honourable Shivambu and Ramakatsa were charged with the same charge, namely:

 

“It is alleged that you are guilty of conduct constituting contempt of Parliament in terms of Section 13(c) of the Act in that as a Member of Parliament and during ‘Questions to the President’ in the National Assembly on 21 August 2014, you willfully failed and / or refused to obey Rule 49 of the Rules of the NA by failing to resume your seat when the Speaker rose while you were speaking or offering to speak, and thereby preventing the Speaker from being heard without interruption.”

 

This charge appears as Charge 4 in the notices of hearing in respect of the two (2) members above.

 

9.5        Charge 5

Honourable Litchfield-Tshabalala, Shivambu, Ramakatsa, Gardee and Malema were charged with the same charge, namely:

 

“It is alleged that you are guilty of conduct constituting contempt of Parliament in terms of Section 13(c) of the Act in that as a Member of Parliament and during ‘Questions to the President’ in the National       Assembly on 21 August 2014, you willfully failed and / or refused to obey Rule 72 of the Rules of the NA by speaking when you were not called upon to do so by the presiding officer (i.e. the Speaker) and / or without the Speaker recognizing you.”

 

This charge appears in the notices of hearing as Charge 5 in respect of honourable Shivambu and Ramakatsa, as charge 4 in respect of honourable Litchfield-Tshabalala, as Charge 3 in respect of honourable Gardee, and as Charge 2 in respect of honourable Malema.

         

9.6        Charge 6

Honourable Shivambu, Ramakatsa, Gardee, Ndlozi, Malema, Matiase, Mngxitama, Litchfield-Tshabalala, Louw, Mashabela, Maxon, and Moonsamy were charged with the same charge, namely:

 

“It is alleged that you are guilty of conduct constituting contempt of Parliament in terms of Section 13(a) of the Act in that as a Member of Parliament and during ‘Questions to the President’ in the National Assembly on 21 August 2014, you contravened Section 7(e) of the Act by creating or taking part in a disturbance within the precincts of Parliament while the House was meeting by, inter alia, shouting, and / or banging on the tables, and / or refusing to obey the Speaker’s instructions, and / or generally conducting yourself in a grossly disorderly manner, thereby interfering with or disrupting the proceedings of the House forcing the Speaker to suspend proceedings temporarily, and ultimately to adjourn the sitting for the day.”

 

This charge appears in the notices of hearing as Charge 6 in respect of honourable Shivambu and Ramakatsa, as Charge 5 in respect of honourable Litchfield-Tshabalala, as charge 4 in respect of honourable Gardee, as Charge 3 in respect of honourable Malema and Ndlozi, as Charge 1 in respect of honourable Louw, Mashabela, Maxon, Moonsamy, Mngxitama and Matiase.

 

9.7        Charge 7

All 20 affected members were charged with the same charge, namely:    

         

“It is alleged that you are guilty of conduct constituting contempt of Parliament in terms of Section 13(a) of the Act in that as a Member of Parliament and during ‘Questions to the President’ in the National Assembly on 21 August 2014, you contravened Section 7(a) of the Act by improperly interfering with or impeding the exercise or performance by the National Assembly (the House) of its authority or functions by remaining in the Chamber, after the sitting of the House had been temporarily suspended by the Speaker so that you could leave, alternatively, be removed from, the Chamber, in order for the House to continue with its business for that day. Your refusal to leave the Chamber resulted in the House being adjourned for the day.”

 

This charge appears in the notices of hearing as Charge 7 in respect of honourable Shivambu and Ramakatsa, as Charge 6 in respect of honourable Litchfield-Tshabalala, as Charge 5 in respect of honourable Gardee, as Charge 4, in respect of honourable Malema and Ndlozi, as Charge 2 in respect of honourable Louw, Mashabela, Maxon, Moonsamy, Mngxitama and Matiase, as Charge 1 in respect of honourable Khawula, Matshobeni, Nqweniso, Ntobongwana, Sonti, Mbatha, Joseph and Morapela.

 

10.        Charges put to the affected members

The Initiator put the charge(s) to the affected members individually, however, at the request of honourable Malema, on behalf of the affected members of his Party, the Initiator deviated from putting the charge(s) to the individual members, instead putting the following affirmation to the members who were asked to confirm the following:

- that they have received the charges;

- that they have read the charges;

- that they understand the charges; and

- that they have no objection to the charges being put in this manner.

 

After the Initiator had put the charge(s) to the affected members, they affirmed that they understood the aforementioned questions in respect of the charges.

 

11.        Submission made by honourable Malema on behalf of the affected members of the EFF

Before the affected members could plead to the charges, honourable Malema requested to make certain “representations” to the Committee on behalf of the affected members of his Party. The Chairperson, on behalf of the Committee, noted that the Act and the Rules do not provide for the making of such a statement. Nevertheless, the Committee allowed honourable Malema to proceed. Honourable Malema read out a written statement into the record and presented a copy of the written statement to the Chairperson.

 

Following the submission by honourable Malema, the affected members informed the Committee that they no longer wished to participate in the hearing and proceeded to leave the hearing.

 

The Committee considered and accepted the legal opinion which was presented as a legal note by the Parliamentary Legal Adviser that the submission does not constitute evidence in terms of items 7 and 8 of the Schedule, which deal with the hearing. It was not given under oath and could not be questioned by the members of the Committee, the Chairperson, the Initiator and the charged member, whether directly or through their legal representative.

 

It was pointed out that there was no procedure in the rules for the making of such a statement of withdrawal of charges but that no harm would be done in allowing it.

 

The Rules provide for the Speaker to refer a matter to the Committee and for the Committee to table a report to the House. It is the House that must take the decision on the recommendations of the Committee. The Committee must act strictly in accordance with the Act and the Rules and it has no power to withdraw charges. Presumably, representations to withdraw charges should be made to the Speaker before a hearing commences, as in law. It is only the Speaker that can refer the matter to the Committee. Therefore, presumably, it is only the Speaker that has the power to withdraw such a referral.

 

The Committee was further advised and noted that the statement by honourable Malema cannot be considered as evidence but that the issues raised in the statement could have been raised as evidence by the charged members at the appropriate time during the proceedings.

 

12.        Pleading to the Charges

The hearing therefore proceeded accordingly from the point where the charged members indicated they will no longer participate and left the meeting. As empowered by the Schedule to the Rules of the National Assembly, the Chairperson entered a plea of not guilty on their behalf. The Committee then proceeded to hearing the evidence against the affected members.

 

13.        Evidence before the Committee

 

13.1      Witnesses

 

13.1.1   Mr Masibulele Xaso (Secretary to the NA)

The Initiator led the evidence before the Committee by way of oral evidence provided by Mr Xaso, with reference also to Hansard records, Minutes of the events of the day and with reference to the footage that was available. To this extent Mr Xaso’s evidence was factual and objective and was corroborated by the record.

 

Mr Xaso confirmed that on 21 August 2014 he was present in the House during Question Time to the President. He indicated that as the Secretary to the NA, he was the most senior official present in the House on that day, fulfilling his regular duties as an officer of the House to provide support to the House and to ensure that the House functioned smoothly from a procedural and administrative point of view.

 

Mr Xaso confirmed that the Minutes of Proceedings of the NA correctly recorded that on 21 August 2014 “BUSINESS SUSPENDED AT 14:58 DUE TO GRAVE DISORDER IN TERMS OF RULE 56 AND RESUMED AT 16:15.” He added that the Assembly Minutes must be read with the Hansard to obtain a complete picture of what occurred on that day. He further confirmed that on 21 August 2014 the proceedings commenced at 14h10, and was suspended for the first time at 14h58 for a brief reconvening, which was followed by a longer suspension. A resumption of the sitting followed at 16h15 and an adjournment for the day at 16h17.

 

After the first suspension of the proceedings of the House for about 7 minutes, the Speaker reconvened the sitting to announce that members must vacate the Chamber. Where after, the Speaker suspended proceedings. Mr Xaso submitted that Rule 111 of the Assembly Rules provides that questions to the President must be scheduled at least once per term. In respect of each question, four supplementary questions are allowed, with the first opportunity being given to the member who asked the question. He indicated that there are avenues or recourse available to members who are not satisfied with the answer given by the President during questions for oral reply.

 

Mr Xaso was in a position to testify to all the charges as they were framed. He was able to identify all the honourable members who appear in the video clips with reference to the video footage and Hansard record.

 

 

 

 

13.1.2   Mr Ravi Poliah (Section Manager: Information Communication Technology)

The Initiator called as witness Mr R Poliah to give evidence in relation to the technology available and used in the NA. Mr Poliah is employed by Parliament as the Section Manager: Information Communication Technology (ICT).

 

Mr Poliah is ultimately responsible, among other things, for the technical maintenance and support of Parliament’s information technology, audio and video infrastructure equipment and systems. He has both technical and managerial staff responsible for the day-to-day maintenance and support of the various systems. The audio system allows members to speak and be heard in the Chamber. It includes a “request to talk” system which is used primarily during the question and answer sessions.

 

Mr Poliah indicated that the system used in the NA Chamber is new as it was commissioned for the first time in February 2014.

 

He said that in the NA Chamber, there are two testing regimes and that reports were produced following the testing of the system. Examples of reports produced were submitted into the evidence. Mr Poliah stated that on 19, 20, 21, and 26 August 2014, tests were conducted and that the reports which were produced indicate that the system and subsystem were functioning properly and that all the systems were operational.

 

13.1.3     Ms Regina Mohlomi (Serjeant-at-Arms)

Ms Mohlomi testified that on 21 August 2014 she was in the Chamber during the House sitting. She added that she occupies her bench in the Chamber, which is at the back of the House, and which is directly opposite the Presiding Officer’s chair.

 

She said that she was aware whom the Speaker was referring to when the Speaker asked for assistance in removing the members who were not “serious”. She was certain that the Speaker was referring to the affected honourable members of the EFF.

 

Ms Mohlomi confirmed that when the Speaker had asked for her assistance she initially approached honourable Ndlozi and said to him “please, the Presiding Officer has spoken; you are requested to leave the Chamber.” She then approached honourable Malema and Shivambu, and repeated to honourable Malema in Sepedi that the Speaker has spokeninstructed him to leave the House, and informed him that if he did not do so she would have to request security to escort him out of the Chamber, including the members of his Party.

 

13.1.4     Deputy Chief Whip of the Majority Party (Honourable D E Dlakude)

Honourable Dlakude was present in the House when the Speaker suspended proceedings, first for a short period and thereafter for a longer period. She said that during the longer suspension, she convened an urgent meeting of the Chief Whips’ Forum as she was concerned at the unfolding of events in the Chamber. Most political parties were represented at the meeting, except the EFF as its whips were in the House. She testified that at the meeting all those present had expressed concern at what had transpired in the House and agreed to cooperate.

 

13.1.5     Chief Whip of the Opposition (Honourable J Steenhuisen)

Honourable Steenhuisen confirmed that he was present at the sitting of the House on 21 August 2014.

 

He corroborated the evidence of the Deputy Chief Whip of the Majority Party. He said that some members expressed disdain in regard to the behaviour of the affected members and at what had happened in the House, and that their behaviour was unacceptable.

 

He said that what had happened in the House on that day was a new experience for members who had been in Parliament before. He said it was unprecedented, and parliamentary officials were “in confusion about what actually need(ed) to take place, probably because this has not really happened in Parliament before.” He went on to say that “I don’t think it’s anything we were prepared for”.

 

13.2      Affidavits presented to the Committee

As part of the evidence presented to the Committee, the Initiator presented the following affidavits:

 

a)         Mr Abraham Sheldon, vision mixer / camera operator in the Broadcasting and Audio Visual Technical Support division of the Corporate Services Department. He recorded some of the events which took place in the Chamber, as well as outside the National Assembly, on 21 August 2014. He confirmed that the video footage which he had recorded on 21 August 2014 onto a compact disc was what was presented to the Committee;

 

b)         Mr Nishkar Maganlal, a vision mixer / camera operator in the Broadcasting and Audio Visual Technical Support division of the Corporate Services Department. Mr Maganlal works in the broadcasting and audio visual control room at the National Assembly and is responsible for controlling various cameras from the control room which record video footage in the Chamber of the National Assembly. The video footage which the various cameras recorded on 21 August 2014 was downloaded onto a compact disc and a video tape;

 

c)       Ms Cornelia Morecomb, a Control Editor in the Hansard Transcription Service. Ms Morecomb transcribed the audio recordings of the proceedings in the National Assembly on 21 August 2014, and the subsequent corrections;

 

d)       An affidavit deposed to by the Minister of State Security, Minister M D Mahlobo was also presented to the Committee. The Minister states in his affidavit that on 21 August 2014 he was in the Chamber after the short adjournment of the sitting during the President’s reply. He and Minister Cwele, the Minister of Telecommunications and Postal Services, had approached the leaders of the EFF, honourable Malema and Shivambu.

 

They requested them to co-operate and leave the Chamber to avoid an unnecessary scuffle with the Parliamentary Protection Services. The two leaders flatly refused their plea and vowed that even if the session resumed they would resume where they had left off. They left the two leaders when it became clear that their plea was not favourably received; and

 

e)       an affidavit deposed to by the Minister of Telecommunications and Postal Services, Minister S Cwele, in which he states that he was in the Chamber on 21 August 2014. He states that during the proceedings of that day, and while President Zuma was attending to the question and answer session, members of the EFF became extremely disorderly and disruptive. They were banging on their desks and were generally causing a major disturbance in the House.

 

The Minister states that honourable Malema and Shivambu were amongst the EFF members who were involved in the disturbance. In the affidavit the Minister says that he recalls the Speaker at some stage ordering Honourable Malema to leave the House and the member refusing to do so. He states that the Speaker ordered the Serjeant-at-Arms to remove Honourable Malema but the member still refused.

 

As a consequence of the behaviour of the EFF members and the refusal of honourable Malema to leave the House, the Speaker suspended the proceedings of the House. It was at that stage that he went over to the leaders of the EFF, honourable Malema and Shivambu, to persuade them and their members to leave the House since it had been brought to his attention that the South African Police were planning to remove the EFF members by force. Notwithstanding his attempt to persuade honourable Malema and Shivambu to leave the House, they refused to leave and stated that they wanted the President to answer their questions.

 

14.        Findings of the Committee

The charges in relation to these findings appear as they were in the notices of hearing that were issued to the affected members.

 

The Chairperson emphasised that the Committee operated in terms of the standard of a balancing of probabilities. This means that where the Committee has to decide on a finding, that it must consider the evidence and decide on a version that is more probable and reasonable. All the findings made by the Committee are therefore based on a balance of probabilities.

 

Having considered the charges, the evidence led by the Initiator, the written submission made by the Initiator, the questions posed by Members of the Committee to the witnesses, the Committee makes the following findings in respect of the 20 affected members:

 

14.1      Honourable N F Shivambu:

Charge 1

The consequence of the member’s conduct was that it impeded the House from performing its function of exercising oversight over the Executive by posing questions to the President and continuing with its business for the rest of the day on 21 August 2014. The Committee found that, on a balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

The following honourable members agreed as follows:

1. Guilty on this charge - M R Mdakane, B T Bongo, M R M Mothapo, J D Kilian, A Lotriet, S Esau and M A Mncwango.

2. Not guilty - M L Filtane.

 

Charge 2

The Committee deliberated on this charge based on the evidence presented to the Committee, and found the member guilty of contravening section 13(c) of the Act in that he wilfully failed or refused to obey Rules 51 and 53(1) by refusing to withdraw immediately from the Chamber when he was ordered to do so by the Speaker. The Committee found that, on a balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

The following honourable members agreed as follows:

1. Guilty on this charge– M R Mdakane, B T Bongo, M R M Mothapo, J D Kilian and B L Mashile (the Chairperson exercising his deliberative vote in terms of Rule 129).

2. Not guilty - M L Filtane, A Lotriet, S Esau and M A Mncwango.

 

Charge 3

The Committee deliberated on this charge based on the evidence presented to the Committee, and found the member guilty of contravening section 13(a) read with section 7(b) of the Act by preventing honourable B H Holomisa MP and other members of Parliament from asking questions to the President. The consequence of the member’s conduct was that it prevented honourable Holomisa and other members of Parliament, who might have wished to ask the President further questions, from asking their questions thereby preventing them from holding the Executive to account. The Committee found that, on a balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

The following honourable members agreed as follows:

1. Guilty on this charge - M R Mdakane, B T Bongo, M R M Mothapo, J D Kilian, A Lotriet, S Esau and M A Mncwango.

2. Not guilty - M L Filtane.

 

Charge 4

The Committee deliberated on this charge based on the evidence presented to the Committee, and found the member guilty of contravening section 13(c) of the Act in that he wilfully failed or refused to obey Rule 49 by refusing to take his seat when the Speaker rose to speak. The consequence of the member’s conduct was that the Speaker was prevented from being heard without interruption. The Committee found that, on a balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

The following honourable members agreed as follows:

1. Guilty on this charge -  M R Mdakane,B T Bongo, M R M Mothapo, J D Kilian and B L Bashile (the Chairperson exercising his deliberative vote in terms of Rule 129).

2. Not guilty - M L Filtane, A Lotriet, S Esau and M A Mncwango.

 

Charge 5

The Committee deliberated on this charge based on the evidence presented to the Committee, and found the member guilty of contravening section 13(c) of the Act in that he wilfully failed or refused to obey Rule 72 by speaking when he was not called upon to do so by the Speaker or without the Speaker recognising him. The Committee found that, on a balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

The following honourable members agreed as follows:

1. Guilty on this charge - M R Mdakane, B T Bongo, M R M Mothapo, J D Kilian, A Lotriet and S Esau.

2. Not guilty - M L Filtane and M A Mncwango.

 

 

 

Charge 6

The Committee deliberated on this charge based on the evidence presented to the Committee, and found the member guilty of contravening section 13(a) read with section 7(e) of the Act by creating or taking part in a disturbance within the precinct of Parliament while the House was meeting by shouting, banging on tables, or refusing to obey the Speaker’s instruction or behaving in a grossly disorderly manner. The consequence of the member’s conduct was that it interfered with or disrupted the proceedings of the House, forcing the Speaker to suspend proceedings temporarily and ultimately to adjourn the sitting. The Committee found that, on a balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

The following honourable members agreed as follows:

1. Guilty on this charge - M R Mdakane, B T Bongo, M R M Mothapo, J D Kilian and S Esau.

2. Not guilty - M L Filtane, A Lotriet and M A Mncwango.

 

Charge 7

The Committee deliberated on this charge based on the evidence presented to the Committee, and found the member guilty of contravening section 13(a) read with section 7(a) of the Act in that the member interfered or impeded the performance of the House or its authority or functions by remaining in the House after the sitting had been suspended so that he could leave or be removed from the Chamber in order for the House to continue with its business for that day. The consequence of the member’s refusal was that the House needed to be adjourned before completing its business for that day. The Committee found that, on a balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

The following honourable members agreed as follows:

1. Guilty on this charge - M R Mdakane, B T Bongo, M R M Mothapo, J D Kilian, S Esau and A Lotriet.

2. Not guilty - M L Filtane and M A Mncwango.

 

 

14.2      Honourable R P Ramakatsa

Charge 1

The Committee deliberated on this charge based on the evidence presented to the Committee, and found the member guilty of contravening section 13(a) read with section 7(a) of the Act by refusing to obey the instruction of the Speaker to take his seat. The consequence of the member’s conduct was that it impeded the House from performing its function of exercising oversight over the Executive by posing questions to the President and continuing with its business for the rest of the day. The Committee found that, on a balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

The following honourable members agreed as follows:

1. Guilty on this charge - M R Mdakane, B T Bongo, M R M Mothapo, J D Kilian A Lotriet, S Esau and M A Mncwango.

2. Not guilty - M L Filtane.

 

Charge 2

The Committee deliberated on this charge based on the evidence presented to the Committee, and found the member guilty of contravening section 13(c) of the Act in that he wilfully failed or refused to obey Rules 51 and 53(1) by refusing to withdraw immediately from the Chamber when he was ordered to do so by the Speaker. The Committee found that, on a balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

The following honourable members agreed as follows:

1. Guilty on this charge - M R Mdakane, B T Bongo, M R M Mothapo, J D Kilian and B L Mashile (the Chairperson exercising his deliberative vote in terms of Rule 129).

2. Not guilty - M L Filtane, ALotriet, S Esau and M A Mncwango.

 

Charge 3

The Committee deliberated on this charge based on the evidence presented to the Committee, and found the member guilty of contravening section 13(a) read with section 7(b) of the Act by preventing honourable B H Holomisa MP and other members of Parliament from asking questions to the President. The consequence of the member’s conduct was that it prevented honourable Holomisa and other members of Parliament, who might have wished to ask the President further questions, from asking their questions thereby preventing them from holding the Executive to account. The Committee found that, on a balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

The following honourable members agreed as follows:

1. Guilty on this charge - M R Mdakane, B T Bongo, M R M Mothapo, J D Kilian A Lotriet, S Esau and M A Mncwango.

2. Not guilty - M L Filtane.

 

Charge 4

The Committee deliberated on this charge based on the evidence presented to the Committee, and found the member guilty of contravening section 13(c) of the Act in that he wilfully failed or refused to obey Rule 49 by refusing to take his seat when the Speaker rose to speak. The consequence of the member’s conduct was that the Speaker was prevented from being heard without interruption. The Committee found that, on a balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

The following honourable members agreed as follows:

1. Guilty on this charge - M R Mdakane, B T Bongo, M R M Mothapo, J D Kilian and B L Mashile (the Chairperson exercising his deliberative vote in terms of Rule 129).

2. Not guilty - M L Filtane, A Lotriet, S Esau and M A Mncwango.

 

Charge 5

The Committee deliberated on this charge based on the evidence presented to the Committee, and found the member guilty of contravening section 13(c) of the Act in that he wilfully failed or refused to obey Rule 72 by speaking when he was not called upon to do so by the Speaker or without the Speaker recognising him. The Committee found that, on a balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

The following honourable members agreed as follows:

1. Guilty on this charge - M R Mdakane, B T Bongo, M R M Mothapo, J D Kilian, A Lotriet and S Esau.

2. Not guilty - M L Filtane and M A Mncwango.

 

Charge 6

The Committee deliberated on this charge based on the evidence presented to the Committee, and found the member guilty of contravening section 13(a) read with section 7(e) of the Act by creating or taking part in a disturbance within the precinct of Parliament while the House was meeting by shouting, banging on tables or refusing to obey the Speaker’s instruction or behaving in a grossly disorderly manner.  The consequence of the member’s conduct was that it interfered with or disrupted the proceedings of the House, forcing the Speaker to suspend proceedings temporarily and ultimately to adjourn the sitting. The Committee found that, on a balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

The following honourable members agreed as follows:

1. Guilty on this charge - M R Mdakane, B T Bongo, M R M Mothapo, J D Kilian and S Esau.

2. Not guilty - M L Filtane, A Lotriet and M A Mncwango.

 

Charge 7

The Committee deliberated on this charge based on the evidence presented to the Committee, and found the member guilty of contravening section 13(a) read with section 7(a) of the Act in that the member interfered or impeded the performance of the House or its authority or functions by remaining in the House after the sitting had been suspended so that he could leave or be removed from the Chamber in order for the House to continue with its business for that day. The consequence of the member’s refusal was that the House was adjourned before completing its business for that day. The Committee found that, on a balance of probabilites, the evidence before it proved the charge, and it had not been rebutted.

 

The following honourable members agreed as follows:

1. Guilty on this charge - M R Mdakane, B T Bongo, M R M Mothapo, J D Kilian, S Esau and A Lotriet.

2. Not guilty - M L Filtane and M A Mncwango.

 

 

14.3      Honourable K Litchfield-Tshabalala

Charge 1

The Committee deliberated on this charge based on the evidence presented to the Committee, and found the member guilty of contravening section 13(a) read with section 7(a) of the Act by refusing to obey the instruction of the Speaker to take her seat. The consequence of the member’s conduct was that it impeded the House from performing its function of exercising oversight over the Executive by posing questions to the President and continuing with its business for the rest of the day. The Committee found that, on a balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

The following honourable members agreed as follows:

1. Guilty on this charge– M R Mdakane, B T Bongo, M R M Mothapo, J D Kilian, S Esau, A Lotriet and M A Mncwango.

2. Not guilty - M L Filtane.

 

Charge 2

The Committee deliberated on this charge based on the evidence presented to the Committee, and found the member guilty of contravening section 13(c) of the Act in that she wilfully failed or refused to obey Rules 51 and 53(1) by refusing to withdraw immediately from the Chamber when she was ordered to do so by the Speaker. The Committee found that, on a balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

The following honourable members agreed as follows:

1. Guilty on this charge - M R Mdakane, B T Bongo, M R M Mothapo, J D Kilian  and B L Mashile (the Chairperson exercising his deliberative vote in terms of Rule 129).

2. Not guilty - M L Filtane, M A Mncwango, S Esau and A Lotriet

 

Charge 3

The Committee deliberated on this charge based on the evidence presented to the Committee, and found the member guilty of contravening section 13(a) read with section 7(b) of the Act by preventing honourable B H Holomisa MP and other members of Parliament from asking questions to the President. The consequence of the member’s conduct was that it prevented Honourable Holomisa and other members of Parliament, who might have wished to ask the President further questions, from asking their questions thereby preventing them from holding the Executive to account. The Committee found that, on a balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

The following honourable members agreed as follows:

1. Guilty on this charge– M RMdakane, B T Bongo, M R M Mothapo, J D Kilian A Lotriet, S Esau and M A Mncwango.

2. Not guilty - M L Filtane.

 

Charge 4

The Committee deliberated on this charge based on the evidence before it and found the member guilty of contravening section 13(c) of the Act in that she wilfully failed or refused to obey Rule 72 by speaking when she was not called upon to do so by the Speaker or without the Speaker recognising her. The Committee found that, on a balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

The following honourable members agreed as follows:

1. Guilty on this charge–M R Mdakane, B T Bongo, M R M Mothapo, J D Kilian, A Lotriet and S Esau.

2. Not guilty - M L Filtane and M A Mncwango.

 

Charge 5

The Committee deliberated on this charge based on the evidence before it and found the member guilty of contravening section 13(a) read with section 7(e) of the Act by creating or taking part in a disturbance within the precinct of Parliament while the House was meeting by shouting, banging on tables or refusing to obey the Speaker’s instruction or behaving in a grossly disorderly manner.  The consequence of the member’s conduct was that it interfered with or disrupted the proceedings of the House, forcing the Speaker to suspend proceedings temporarily and ultimately to adjourn the sitting. The Committee found that, on a balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

 

The following honourable members agreed as follows:

1. Guilty on this charge–M R Mdakane, B T Bongo, M R M Mothapo, J D Kilian and S Esau.

2. Not guilty - M L Filtane, A Lotriet and M A Mncwango.

 

Charge 6

The Committee deliberated on this charge based on the evidence presented to the Committee, and found the member guilty of contravening section 13(a) read with section 7(a) of the Act in that the member interfered or impeded the performance of the House or its authority or functions by remaining in the House after the sitting had been suspended so that she could leave or be removed from the Chamber in order for the House to continue with its business for that day. The consequence of the member’s refusal was that the House was adjourned before completing its business for that day. The Committee found that, on a balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

 The following honourable members agreed as follows:

1. Guilty on this charge – M R Mdakane, B T Bongo, M R M Mothapo, J D Kilian, A Lotriet and S Esau.

2. Not guilty - M L Filtane and M A Mncwango.

 

14.4      Honourable G A Gardee

Charge 1

The Committee deliberated on this charge based on the evidence before it and found the member guilty of contravening section 13(a) read with section 7(a) of the Act by refusing to obey the instruction of the Speaker to take his seat. The consequence of the member’s conduct was that it impeded the House from performing its function of exercising oversight over the Executive by posing questions to the President and continuing with its business for the rest of the day. The Committee found that, on a balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

The following honourable members agreed as follows:

1. Guilty on this charge - M R Mdakane, B T Bongo, M R M Mothapo, J D Kilian, A Lotriet, S Esau and M A Mncwango.

2. Not guilty - M L Filtane.

 

Charge 2

The Committee deliberated on this charge based on the evidence before it and  found the member guilty of contravening section 13(c) of the Act in that he wilfully failed or refused to obey Rules 51 and 53(1) by refusing to withdraw immediately from the Chamber when he was ordered to do so by the Speaker. The Committee found that, on a balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

The following honourable members agreed as follows:

1. Guilty on this charge - M R Mdakane, B T Bongo, M R M Mothapo, J D Kilian and B L Mashile (the Chairperson exercising his deliberative vote).

2. Not guilty - M L Filtane, S Esau, A Lotriet, and M A Mncwango.

 

Charge 3

The Committee deliberated on this charge based on the evidence before it and  found the member guilty of contravening section 13(c) of the Act in that he wilfully failed or refused to obey Rule 72 by speaking when he was not called upon to do so by the Speaker or without the Speaker recognising him. The Committee found that, on a balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

The following honourable members agreed as follows:

1. Guilty on this charge - M R Mdakane, B T Bongo, S Esau, A Lotriet, M Mothapo, and J D Kilian.

2. Not guilty - M L Filtane and M A Mncwango.

 

Charge 4

The Committee deliberated on this charge based on the evidence before it and found the member guilty of contravening section 13(a) read with section 7(e) of the Act by creating or taking part in a disturbance within the precinct of Parliament while the House was meeting by shouting, banging on tables or refusing to obey the Speaker’s instruction or behaving in a grossly disorderly manner.  The consequence of the member’s conduct was that it interfered with or disrupted the proceedings of the House, forcing the Speaker to suspend proceedings temporarily and ultimately to adjourn the sitting. The Committee found that, on a balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

The following honourable members agreed as follows:

1. Guilty on this charge - M R Mdakane, B T Bongo, S Esau, M R M Mothapo and J D Kilian.

2. Not guilty - M L Filtane, A Lotriet and M A Mncwango.

 

Charge 5

The Committee deliberated on this charge based on the evidence before it and found the member guilty of contravening section 13(a) read with section 7(a) of the Act in that the member interfered or impeded the performance of the House or its authority or functions by remaining in the House after the sitting had been suspended so that he could leave or be removed from the Chamber in order for the House to continue with its business for that day. The consequence of the member’s refusal was that the House was adjourned before completing its business for that day. The Committee found that, on a balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

The following honourable members agreed as follows:

1. Guilty on this charge–M RMdakane, B T Bongo, S Esau, M R M Mothapo, A Lotriet  and J D Kilian.

2. Not guilty - M L Filtane and M A Mncwango.

 

14.5      Honourable Q Ndlozi

Charge 1

The Committee deliberated on this charge based on the evidence before it and found the member guilty of contravening section 13(a) read with section 7(a) of the Act by refusing to obey the instruction of the Speaker to take his seat. The consequence of the member’s conduct was that it impeded the House from performing its function of exercising oversight over the Executive by posing questions to the President and continuing with its business for the rest of the day. The Committee found that, on a balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

The following honourable members agreed as follows:

1. Guilty on this charge – M R Mdakane, B T Bongo, M R M Mothapo, J D Kilian, S Esau, A Lotriet and M A Mncwango.

2. Not guilty - M L Filtane.

 

Charge 2

The Committee deliberated on this charge based on the evidence before it and found the member guilty of contravening section 13(c) of the Act in that he wilfully failed or refused to obey Rules 51 and 53(1) by refusing to withdraw immediately from the Chamber when he was ordered to do so by the Speaker. The Committee found that, on a balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

The following honourable members agreed as follows:

1. Guilty on this charge - M R Mdakane, B T Bongo, M R M Mothapo, J D Kilian and B L Mashile (the Chairperson exercising his deliberative vote in terms of Rule 129).

2. Not guilty - M L Filtane, A Lotriet, S Esau and M A Mncwango.

 

Charge 3

The Committee deliberated on this charge based on the evidence before it and found the member guilty of contravening section 13(a) read with section 7(e) of the Act by creating or taking part in a disturbance within the precinct of Parliament while the House was meeting by shouting, banging on tables or refusing to obey the Speaker’s instruction or behaving in a grossly disorderly manner.  The consequence of the member’s conduct was that it interfered with or disrupted the proceedings of the House, forcing the Speaker to suspend proceedings temporarily and ultimately to adjourn the sitting. The Committee found that, on a balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

The following honourable members agreed as follows:

1. Guilty on this charge - M R Mdakane, B T Bongo, S Esau, M R M Mothapo and J D Kilian.

2. Not guilty - M L Filtane, A Lotriet and M A Mncwango.

 

 

Charge 4

The Committee deliberated on this charge based on the evidence before it and found the member guilty of contravening section 13(a) read with section 7(a) of the Act in that the member interfered or impeded the performance of the House or its authority or functions by remaining in the House after the sitting had been suspended so that he could leave or be removed from the Chamber in order for the House to continue with its business for that day. The consequence of the member’s refusal was that the House was adjourned before completing its business for that day. The Committee found that, on a balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

The following honourable members agreed as follows:

1. Guilty on this charge - M R Mdakane, B T Bongo, S Esau, M R M Mothapo, A Lotriet and J D Kilian.

2. Not guilty - M L Filtane and M A Mncwango.

 

14.6      Honourable J S Malema

Charge 1

The Committee deliberated on this charge based on the evidence before it and found the member guilty of contravening section 13(c) of the Act in that he wilfully failed or refused to obey Rules 51 and 53(1) by refusing to withdraw immediately from the Chamber when he was ordered to do so by the Speaker. The Committee found that, on the balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

The following honourable members agreed as follows:

1. Guilty on this charge – M R Mdakane, B T Bongo, M R M Mothapo and J D Kilian and B L Mashile (the chairperson exercising his deliberative vote in terms of Rule 129).

2. Not guilty - M L Filtane, A Lotriet, A Esau and M A Mncwango.

 

Charge 2

The Committee deliberated on this charge based on the evidence before it and found the member guilty of contravening section 13(c) of the Act in that he wilfully failed or refused to obey Rule 72 by speaking when he was not called upon to do so by the Speaker or without the Speaker recognising him. The Committee found that, on the balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

The following honourable members agreed as follows:

1. Guilty on this charge - M R Mdakane, B T Bongo, S Esau, M R M Mothapo, A Lotriet and J D Kilian.

2. Not guilty - M L Filtane and M A Mncwango.

 

Charge 3

The Committee deliberated on this charge based on the evidence before it and found the member guilty of contravening section 13(a) read with section 7(e) of the Act by creating or taking part in a disturbance within the precinct of Parliament while the House was meeting by shouting, banging on tables or refusing to obey the Speaker’s instruction or behaving in a grossly disorderly manner. The consequence of the member’s conduct was that it interfered with or disrupted the proceedings of the House, forcing the Speaker to suspend proceedings temporarily and ultimately to adjourn the sitting. The Committee found that, on the balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

The following honourable members agreed as follows:

1. Guilty on this charge - M R Mdakane, B T Bongo, S Esau, R M M Mothapo and J D Kilian.

2. Not guilty - M L Filtane, A Lotriet, and M A Mncwango.

 

Charge 4

The Committee deliberated on this charge based on the evidence before it and found the member guilty of contravening section 13(a) read with section 7(a) of the Act in that the member interfered or impeded the performance of the House or its authority or functions by remaining in the House after the sitting had been suspended so that he could leave or be removed from the Chamber in order for the House to continue with its business for that day. The consequence of the member’s refusal was that the House was adjourned before completing its business for that day. The Committee found that, on the balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

The following honourable members agreed as follows:

1. Guilty on this charge - M R Mdakane, B T Bongo, S Esau, A Lotriet, M R M Mothapo and J D Kilian.

2. Not guilty - M L Filtane and M A Mncwango.

 

14.7      Honourable J A Mngxitama

Charge 1

The Committee deliberated on this charge based on the evidence before it and found the member guilty of contravening section 13(a) read with section 7(e) of the Act by creating or taking part in a disturbance within the precinct of Parliament while the House was meeting by shouting, banging on tables or refusing to obey the Speaker’s instruction or behaving in a grossly disorderly manner. The consequence of the member’s conduct was that it interfered with or disrupted the proceedings of the House, forcing the Speaker to suspend proceedings temporarily and ultimately to adjourn the sitting. The Committee found that, on the balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

The following honourable members agreed as follows:

1. Guilty on this charge - M R Mdakane, B T Bongo, S Esau, M R M Mothapo and J D Kilian.

2. Not guilty - M L Filtane, A Lotriet and M A Mncwango.

 

Charge 2

The Committee deliberated on this charge based on the evidence presented to the Committee, and found the member guilty of contravening section 13(a) read with section 7(a) of the Act in that the member interfered or impeded the performance of the House or its authority or functions by remaining in the House after the sitting had been suspended so that he could leave or be removed from the Chamber in order for the House to continue with its business for that day. The consequence of the member’s refusal was that the House was adjourned before completing its business for that day. The Committee found that, on the balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

 

The following honourable members agreed as follows:

1. Guilty on this charge - M R Mdakane, B T Bongo, S Esau, A Lotriet, M R M Mothapo and J D Kilian.

2. Not guilty - M L Filtane and M A Mncwango.

 

14.8      Honourable N S Matiase

Charge 1

The Committee deliberated on this charge based on the evidence presented to the Committee, and found the member guilty of contravening section 13(a) read with section 7(e) of the Act by creating or taking part in a disturbance within the precinct of Parliament while the House was meeting by shouting, banging on tables or refusing to obey the Speaker’s instruction or behaving in a grossly disorderly manner. The consequence of the member’s conduct was that it interfered with or disrupted the proceedings of the House, forcing the Speaker to suspend proceedings temporarily and ultimately to adjourn the sitting. The Committee found that, on the balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

The following honourable members agreed as follows:

1. Guilty on this charge – M R Mdakane, B T Bongo, S Esau, M R M Mothapo and J D Kilian.

2. Not guilty - M L Filtane, A Lotriet and M A Mncwango.

 

Charge 2

The Committee deliberated on this charge based on the evidence presented to the Committee, and found the member guilty of contravening section 13(a) read with section 7(a) of the Act in that the member interfered or impeded the performance of the House or its authority or functions by remaining in the House after the sitting had been suspended so that he could leave or be removed from the Chamber in order for the House to continue with its business for that day. The consequence of the member’s refusal was that the House was adjourned before completing its business for that day. The Committee found that, on the balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

 

The following honourable members agreed as follows:

1. Guilty on this charge - M R Mdakane, B T Bongo, S Esau, A Lotriet, M R M Mothapo and J D Kilian.

2. Not guilty - M L Filtane and M A Mncwango.

 

14.9      Honourable O H Maxon

Charge 1

The Committee deliberated on this charge based on the evidence presented to the Committee, and found the member guilty of contravening section 13(a) read with section 7(e) of the Act by creating or taking part in a disturbance within the precinct of Parliament while the House was meeting by shouting, banging on tables or refusing to obey the Speaker’s instruction or behaving in a grossly disorderly manner. The consequence of the member’s conduct was that it interfered with or disrupted the proceedings of the House, forcing the Speaker to suspend proceedings temporarily and ultimately to adjourn the sitting. The Committee found that, on the balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

The following honourable members agreed as follows:

1. Guilty on this charge - M R Mdakane, B T Bongo, S Esau, M R M Mothapo and J D Kilian.

2. Not guilty - M L Filtane, A Lotriet and M A Mncwango.

 

Charge 2

The Committee deliberated on this charge based on the evidence presented to the Committee, and found the member guilty of contravening section 13(a) read with section 7(a) of the Act in that the member interfered or impeded the performance of the House or its authority or functions by remaining in the House after the sitting had been suspended so that she could leave or be removed from the Chamber in order for the House to continue with its business for that day. The consequence of the member’s refusal was that the House was adjourned before completing its business for that day. The Committee found that, on the balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

 

 

The following honourable members agreed as follows:

1. Guilty on this charge – M R  Mdakane, B T Bongo, S Esau, A Lotriet, M R M Mothapo and J D Kilian.

2. Not guilty - M L Filtane and M A Mncwango.

 

14.10    Honourable E N Louw

Charge 1

The Committee deliberated on this charge based on the evidence presented to the Committee, and found the member guilty of contravening section 13(a) read with section 7(e) of the Act by creating or taking part in a disturbance within the precinct of Parliament while the House was meeting by shouting, banging on tables or refusing to obey the Speaker’s instruction or behaving in a grossly disorderly manner. The consequence of the member’s conduct was that it interfered with or disrupted the proceedings of the House, forcing the Speaker to suspend proceedings temporarily and ultimately to adjourn the sitting. The Committee found that, on the balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

The following honourable members agreed as follows:

1. Guilty on this charge - M R Mdakane, B T Bongo, S Esau, M R M Mothapo and J D Kilian.

2. Not guilty - M L Filtane, A Lotriet and M A Mncwango.

 

Charge 2

The Committee deliberated on this charge based on the evidence presented to the Committee, and found the member guilty of contravening section 13(a) read with section 7(a) of the Act in that the member interfered or impeded the performance of the House or its authority or functions by remaining in the House after the sitting had been suspended so that she could leave or be removed from the Chamber in order for the House to continue with its business for that day. The consequence of the member’s refusal was that the House was adjourned before completing its business for that day. The Committee found that, on the balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

 

 

The following honourable members agreed as follows:

1. Guilty on this charge - M R Mdakane, B T Bongo, S Esau, A Lotriet, M Mothapo and J D Kilian.

2. Not guilty - M L Filtane and M A Mncwango.

 

14.11    Honourable M Moonsamy

Charge 1

The Committee deliberated on this charge based on the evidence presented to the Committee, and found the member guilty of contravening section 13(a) read with section 7(e) of the Act by creating or taking part in a disturbance within the precinct of Parliament while the House was meeting by shouting, banging on tables or refusing to obey the Speaker’s instruction or behaving in a grossly disorderly manner. The consequence of the member’s conduct was that it interfered with or disrupted the proceedings of the House, forcing the Speaker to suspend proceedings temporarily and ultimately to adjourn the sitting. The Committee found that, on the balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

The following honourable members agreed as follows:

1. Guilty on this charge – M R  Mdakane, B T Bongo, S Esau, M R M Mothapo and J D Kilian.

2. Not guilty - M L Filtane, A Lotriet and M A Mncwango.

 

Charge 2

The Committee deliberated on this charge based on the evidence presented to the Committee, and found the member guilty of contravening section 13(a) read with section 7(a) of the Act in that the member interfered or impeded the performance of the House or its authority or functions by remaining in the House after the sitting had been suspended so that she could leave or be removed from the Chamber in order for the House to continue with its business for that day. The consequence of the member’s refusal was that the House was adjourned before completing its business for that day. The Committee found that, on the balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

 

 

The following honourable members agreed as follows:

1. Guilty on this charge – M R Mdakane, B T Bongo, S Esau, A Lotriet, M R M Mothapo and J D Kilian.

2. Not guilty - M L Filtane and M A Mncwango.

 

14.12    Honourable R N Mashabela

Charge 1

The Committee deliberated on this charge based on the evidence before it and found the member guilty of contravening section 13(a) read with section 7(e) of the Act by creating or taking part in a disturbance within the precinct of Parliament while the House was meeting by shouting, banging on tables or refusing to obey the Speaker’s instruction or behaving in a grossly disorderly manner.  The consequence of the member’s conduct was that it interfered with or disrupted the proceedings of the House, forcing the Speaker to suspend proceedings temporarily and ultimately to adjourn the sitting. The Committee found that, on the balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

The following honourable members agreed as follows:

1. Guilty on this charge - M R Mdakane, B T Bongo, S Esau, M R M Mothapo and J D Kilian.

2. Not guilty - M L Filtane, A Lotriet and M A Mncwango.

 

Charge 2

The Committee deliberated on this charge based on the evidence before it and found the member guilty of contravening section 13(a) read with section 7(a) of the Act in that the member interfered or impeded the performance of the House or its authority or functions by remaining in the House after the sitting had been suspended so that she could leave or be removed from the Chamber in order for the House to continue with its business for that day. The consequence of the member’s refusal was that the House was adjourned before completing its business for that day. The Committee found that, on the balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

 

 

The following honourable members agreed as follows:

1. Guilty on this charge - M R Mdakane, B T Bongo, S Esau, A Lotriet, M R M Mothapo and J D Kilian.

2. Not guilty - M L Filtane and M A Mncwango.

 

14.13    Honourable A Matshobeni

Charge 1

The Committee deliberated on this charge based on the evidence before it and found the member guilty of contravening section 13(a) read with section 7(a) of the Act in that the member interfered or impeded the performance of the House or its authority or functions by remaining in the House after the sitting had been suspended so that she could leave or be removed from the Chamber in order for the House to continue with its business for that day. The consequence of the member’s refusal was that the House was adjourned before completing its business for that day. The Committee found that, on the balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

The following honourable members agreed as follows:

1. Guilty on this charge - M R Mdakane, B T Bongo, S Esau, A Lotriet, M Mothapo and J D Kilian.

2. Not guilty - M L Filtane and M A Mncwango.

 

14.14    Honourable P N Sonti

Charge 1

The Committee deliberated on this charge based on the evidence before it and found the member guilty of contravening section 13(a) read with section 7(a) of the Act in that the member interfered or impeded the performance of the House or its authority or functions by remaining in the House after the sitting had been suspended so that she could leave or be removed from the Chamber in order for the House to continue with its business for that day. The consequence of the member’s refusal was that the House was adjourned before completing its business for that day. The Committee found that, on the balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

 

The following honourable members agreed as follows:

1. Guilty on this charge - M R Mdakane, B T Bongo, S Esau, A Lotriet, M R M Mothapo and J D Kilian.

2. Not guilty - M L Filtane and M A Mncwango.

 

14.15    Honourable S M Khawula

Charge 1

The Committee deliberated on this charge based on the evidence before it and found the member guilty of contravening section 13(a) read with section 7(a) of the Act in that the member interfered or impeded the performance of the House or its authority or functions by remaining in the House after the sitting had been suspended so that she could leave or be removed from the Chamber in order for the House to continue with its business for that day. The consequence of the member’s refusal was that the House was adjourned before completing its business for that day. The Committee found that, on the balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

The following honourable members agreed as follows:

1. Guilty on this charge - M R Mdakane, B T Bongo, S Esau, A Lotriet, M R M Mothapo and J D Kilian.

2. Not guilty - M L Filtane and M A Mncwango.

 

14.16    Honourable V N Nqweniso

Charge 1

The Committee deliberated on this charge based on the evidence before it and found the member guilty of contravening section 13(a) read with section 7(a) of the Act in that the member interfered or impeded the performance of the House or its authority or functions by remaining in the House after the sitting had been suspended so that she could leave or be removed from the Chamber in order for the House to continue with its business for that day. The consequence of the member’s refusal was that the House was adjourned before completing its business for that day. The Committee found that, on the balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

 

The following honourable members agreed as follows:

1. Guilty on this charge - M R Mdakane, B T Bongo, S Esau, A Lotriet, M R M Mothapo and J D Kilian.

2. Not guilty - M L Filtane and M A Mncwango.

 

14.17    Honourable P Ntobongwana

Charge 1

The Committee deliberated on this charge based on the evidence before it and found the member guilty of contravening section 13(a) read with section 7(a) of the Act in that the member interfered or impeded the performance of the House or its authority or functions by remaining in the House after the sitting had been suspended so that she could leave or be removed from the Chamber in order for the House to continue with its business for that day. The consequence of the member’s refusal was that the House was adjourned before completing its business for that day. The Committee found that, on the balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

The following honourable members agreed as follows:

1. Guilty on this charge - M R Mdakane, B T Bongo, S Esau, A Lotriet, M R M Mothapo and J D Kilian.

2. Not guilty - M L Filtane and M A Mncwango.

 

14.18    Honourable Z K Morapela

Charge 1

The Committee deliberated on this charge based on the evidence before it and found the member guilty of contravening section 13(a) read with section 7(a) of the Act in that the member interfered or impeded the performance of the House or its authority or functions by remaining in the House after the sitting had been suspended so that he could leave or be removed from the Chamber in order for the House to continue with its business for that day. The consequence of the member’s refusal was that the House was adjourned before completing its business for that day. The Committee found that, on the balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

 

The following honourable members agreed as follows:

1. Guilty on this charge - M R Mdakane, B T Bongo, S Esau, A Lotriet, M R M Mothapo and J D Kilian.

2. Not guilty - M L Filtane and M A Mncwango.

 

14.19    Honourable B D Joseph

Charge 1

The Committee deliberated on this charge based on the evidence before it and found the member guilty of contravening section 13(a) read with section 7(a) of the Act in that the member interfered or impeded the performance of the House or its authority or functions by remaining in the House after the sitting had been suspended so that he could leave or be removed from the Chamber in order for the House to continue with its business for that day. The consequence of the member’s refusal was that the House was adjourned before completing its business for that day. The Committee found that, on the balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

The following honourable members agreed as follows:

1. Guilty on this charge - M R Mdakane, B T Bongo, S Esau, A Lotriet, M R

M Mothapo and J D Kilian.

2. Not guilty - M L Filtane and M A Mncwango.

 

14.20    Honourable M S Mbatha

Charge 1

The Committee deliberated on this charge based on the evidence before it and found the member guilty of contravening section 13(a) read with section 7(a) of the Act in that the member interfered or impeded the performance of the House or its authority or functions by remaining in the House after the sitting had been suspended so that he could leave or be removed from the Chamber in order for the House to continue with its business for that day. The consequence of the member’s refusal was that the House was adjourned before completing its business for that day. The Committee found that, on the balance of probabilities, the evidence before it proved the charge, and it had not been rebutted.

 

The following honourable members agreed as follows:

1. Guilty on this charge – M R  Mdakane, B T Bongo, S Esau, A Lotriet, M R M Mothapo and J D Kilian.

2. Not guilty - M L Filtane and M A Mncwango.

 

15.        Mitigating, aggravating and other factors

The affected members were informed in writing on 4 November 2014 of the findings of the Committee on the allegations of conduct constituting contempt of Parliament. The letters were emailed on 4 November 2014 and hand-delivered on 5 November 2014.  The members were also informed that, notwithstanding the fact that on 7 October 2014 they aligned themselves with the decision to withdraw from the proceedings, the Committee was affording them, in terms of item 9 of the Schedule, an opportunity to present mitigating factors in respect of sanctions to the Committee on Friday, 7 November 2014. The affected members did not take up the opportunity to present mitigating factors.

 

They were further advised that should they not make representations in mitigation of sanctions, the process would continue without their inputs.

 

16.        Presentation by Initiator on aggravating and other factors

The Committee proceeded to hear the Initiator’s presentation on aggravating or other factors inclusive of recommended sanctions, which is attached as Annexure A.

 

17.        Penalties recommended by the Committee

Following the findings by the Committee and the presentation by the Initiator the Committee proceeded to deliberate on the appropriate penalties for the members found guilty on the charges.

 

17.1      Group A

Affected members in this group are:

Hon N F Shivambu (7 charges)

Hon R P Ramakatsa (7 charges)

Hon K Litchfield-Tshabalala (6 charges)

Hon G A Gardee (5 charges)

Hon Q Ndlozi (4 charges)

Hon J S Malema (4 charges)

 

The following honourable members: B T Bongo, M R Mdakane, M Booi, M R M Mothapo and J D Kilian agreed that the members be suspended for a period of 30 days without remuneration, in terms of section 12(5)(g) of the Act.

 

The following members disagreed: A Lotriet and S Esau and instead recommended a reprimand.

 

The Committee recommends that:

 

The National Assembly suspends the members for a period of 30 days without remuneration in terms of section 12(5)(g) of the Act.

 

17.2      Group B

Hon E N Louw (2 charges)

Hon R N Mashabela (2 charges)

Hon O H Maxon (2 charges)

Hon M Moonsamy (2 charges)

Hon J A Mngxitama (2 charges)

Hon N S Matiase (2 charges)

 

The following honourable members: BT Bongo, M R  Mdakane, M Booi, M R M Mothapo and J D Kilian agreed that the members be suspended for a period of 14 days without remuneration, in terms of section 12(5)(g) of the Act.

 

The following honourable members disagreed: A Lotriet and S Esau and instead recommended a reprimand.

 

The Committee recommends that:

 

The National Assembly suspends the members for a period of 14 days without remuneration in terms of section 12(5)(g) of the Act.

 

 

17.3      Group C

Hon B D Joseph (1 charge)

Hon M S Mbatha (1 charge)

Hon Z K Morapela (1 charge)

Hon S M Khawula (1 charge

Hon A Matshobeni (1 charge)

Hon V N Nqweniso (1 charge)

Hon P Ntobongwana (1 charge)

Hon P N Sonti (1 charge)

 

The following honourable members concurred: B T Bongo, M R Mdakane, M R M Booi, M Mothapo and J D Kilian agreed that the members be suspended for a period of 14 days without remuneration, in terms of section 12(5)(g) of the Act. In addition, the members should be ordered to give an apology in the House.

 

The following honourable members disagreed: A Lotriet and S Esau and instead recommended a reprimand.

 

The Committee recommends to the National Assembly:

 

a)         an order for the members to apologise to the House in a manner determined by the House, in terms of section 12(5)(c) of the Act; and

b)         a fine equivalent to 14 days’ salary and allowances payable to the member concerned by virtue of the Remuneration of Public Office Bearers’ Act, in terms of section 12(5)(f) of the Act.

 

18.        Summary of Recommendations to the National Assembly

 

18.1      The Committee makes the following recommendations in terms of the Findings:

 

18.1.1        The following honourable Members be found guilty of conduct constituting contempt of Parliament in terms of section 13(a) of the Act in that as a Member of Parliament and during ‘Questions to the President’ in the National Assembly on 21 August 2014, they contravened Section 7(a) of the Act by improperly interfering with or impeding the exercise or performance by the National Assembly (the House) of its authority or functions when they refused to obey the instruction of the Speaker that they take their seats:

 

Honourable Shivambu MP

Honourable Ramakatsa MP

Honourable Litchfield – Tshabalala

Honourable Gardee MP

Honourable Ndlozi MP

 

18.1.2        The following Honourable Members are found guilty of conduct constituting contempt of Parliament in terms of section 13(c) of the Act in that as a Member of Parliament and during ‘Questions to the President’ in the National Assembly on 21 August 2014, they  wilfully failed and / or refused to obey Rule 51 and Rule 53(1), read together, of the Rules of the National Assembly in that they refused to withdraw immediately from the Chamber for the remainder of the day’s sitting when ordered to do so by the Speaker:

 

                 Honourable Shivambu MP

                 Honourable Ramakatsa MP

                 Honourable Litchfield – TshabalalaMP

                 Honourable Gardee MP

                 Honourable Ndlozi MP

                 Honourable Malema MP

 

18.1.3        That the following Honourable Members be found guilty of conduct constituting contempt of Parliament in terms of section 13(a) of the Act in that as a Member of Parliament and during ‘Questions to the President’ in the National Assembly on 21 August 2014, they contravened section 7(b) of the Act by improperly interfering with the performance by a member of his or her functions as a member, in the following manner - when the Speaker requested Mr B H Holomisa (a Member of Parliament) to pose a question (i.e. a supplementary question) to the President, their conduct prevented honourable Holomisa, and other Members of Parliament who might have wished to ask the President further questions, from asking their question/s, thereby preventing them from performing one of their functions as a Member of Parliament (namely to hold the Executive to account by asking the President questions):

 

                 Honourable Shivambu MP

                 Honourable Ramakatsa MP

                 Honourable Litchfield – Tshabalala MP

 

18.1.4        That the following honourable Members be found guilty of conduct constituting contempt of Parliament in terms of section 13(c) of the Act in that as a Member of Parliament and during ‘Questions to the President in the National Assembly on 21 August 2014, they wilfully failed and / or refused to obey Rule 49 of the Rules of the National Assembly by failing to resume their seat when the Speaker rose while they were speaking or offering to speak, and thereby preventing the Speaker from being heard without interruption:

 

                 Honourable Shivambu MP

                 Honourable Ramakatsa MP

 

18.1.5        That the following honourable Members be found guilty of conduct constituting contempt of Parliament in terms of section 13(c) of the Act in that as a Member of Parliament and during ‘Questions to the President’ in the National Assembly on 21 August 2014, they willfully failed and / or refused to obey Rule 72 of the Rules of the National Assembly by speaking when they were not called upon to do so by the presiding officer (i.e. the Speaker) and / or without the Speaker recognizing them:

 

                 Honourable Shivambu MP

                 Honourable Ramakatsa MP

                 Honourable Litchfield – Tshabalala MP

                 Honourable Gardee MP

                 Honourable Malema MP

 

18.1.6        The following honourable Members be found guilty of conduct constituting contempt of Parliament in terms of section 13(a) of the Act in that as a Member of Parliament and during ‘Questions to the President’ in the National Assembly on 21 August 2014, they contravened section 7(e) of the Act by creating or taking part in a disturbance within the precincts of Parliament while the House was meeting by, inter alia, shouting, and/ or banging on tables, and / or refusing to obey the Speaker’s instructions, and / or generally conducting themselves in a grossly disorderly manner, thereby interfering with or disrupting the proceedings of the House forcing the Speaker to suspend proceedings temporarily, and ultimately to adjourn the sitting for the day:

 

                 Honourable Shivambu MP

                 Honourable Ramakatsa MP

                 Honourable Litchfield – Tshabalala MP

                 Honourable Gardee MP

                 Honourable Ndlozi MP

                 Honourable Malema MP

                 Honourable Louw MP

                 Honourable Mashabela MP

                 Honourable Matiase MP

                 Honourable Maxon MP

                 Honourable Moonsamy MP

                 Honourable Mngxitama MP

 

18.1.7        That the following honourable Members be found guilty of conduct constituting contempt of Parliament in terms of section 13(a) of the Act in that as a Member of Parliament on 21 August 2014, they contravened section 7(a) of the Act by improperly interfering with or impeding the exercise or performance by the House of its authority or functions by remaining in the Chamber, after the sitting of the House had been temporarily suspended by the Speaker so that they could leave, alternatively, be removed from, the Chamber, in order for the House to continue with its business for that day. Their refusal to leave the Chamber resulted in the House being adjourned for the day.

 

Honourable Shivambu MP

Honourable Ramakatsa MP

Honourable Litchfield – Tshabalala MP

Honourable Gardee MP

Honourable Ndlozi MP

Honourable Malema MP

Honourable Louw MP

Honourable Mashabela MP

Honourable Matiase MP

Honourable Maxon MP

Honourable Moonsamy MP

Honourable Mngxitama MP

Honourable Joseph MP

Honourable Khawula MP

Honourable Matshobeni MP

Honourable Mbatha MP

Honourable Morapela MP

Honourable Nqwenisa MP

Honourable Ntobogwana MP

Honourable Sonti MP

 

18.2          That the Committee makes the following recommendations in terms of Penalties:

 

The Committee recommends that the following honourable members be suspended for a period of 30 days without remuneration in terms of section 12(5)(g) of the Act:

 

Hon N F Shivambu (7 charges)

Hon R P Ramakatsa (7 charges)

Hon K Litchfield-Tshabalala (6 charges)

Hon G A Gardee (5 charges)

Hon Q Ndlozi (4 charges)

Hon J S Malema (4 charges)

 

The Committee recommends that the following honourable members be suspended for a period of 14 days without remuneration in terms of section 12(5)(g) of the Act:

 

Hon E N Louw (2 charges)

Hon R N Mashabela (2 charges)

Hon O H Maxon (2 charges)

Hon M Moonsamy (2 charges)

Hon J A Mngxitama (2 charges)

Hon N S Matiase (2 charges)

 

The Committee recommends that the following honourable members be ordered to apologise to the House in a manner determined by the House, in terms of section 12(5)(c) of the Act; and be fined an equivalent of 14 days’ salary and allowances payable to the member concerned by virtue of the Remuneration of Public Office Bearers’ Act, in terms of section 12(5)(f) of the Act:

 

Hon B D Joseph (1 charge)

Hon M S Mbatha (1 charge)

Hon Z K Morapela (1 charge)

Hon S M Khawula (1 charge

Hon A Matshobeni (1 charge)

Hon V N Nqweniso (1 charge)

Hon P Ntobongwana (1 charge)

Hon P N Sonti (1 charge)

 

19.        Adoption of the Report

On the proposal of honourable M R Mdakane, seconded by the honourable M R M Mothapo, the Committee agreed to adopt the Report. The proposal by honourable A Lotriet that the Report not be adopted was not seconded, and it therefore fell away.

 

Report to be considered.

 

 

 

[Signed on 10 November 2014]

B L Mashile

Chairperson: Powers and Privileges Committee of the National Assembly

 

 

 

Annexure A

 

14.1        Presentation by the Initiator on mitigating and other factors

 

14.1.1     The charges of contempt relate to the conduct of the named Honourable Members on 21 August 2014 in the National Assembly.

 

14.1.2       The Committee has found each of the Honourable Members guilty of the charges of contempt of Parliament against them.

 

14.1.3    The charges are all of a serious nature.

 

 

14.2       The provisions of the Act regarding any possible penalty or penalties

 

14.2.1     Section 12 of the Act reads as follows:

 

“12. Disciplinary action against members for contempt – (1) subject to this Act, a House has all the powers which are necessary for enquiring into an pronouncing upon any act or matter declared by or under section 13 to be contempt of Parliament by a member, and taking the disciplinary action provided therefore.”

 

14.2.2    Section 12(3) of the Act reads as follows:

 

“12(3) Before a House may take any disciplinary action against a member in terms of sub-section 1, the standing committee must –

(a)   enquire into the matter in accordance with a procedure that is reasonable and procedurally fair; and

(b)   table a report on its findings and recommendations in the House.”

14.2.3    Section 12(5) of the Act reads as follows:

 

“12(5) When a House finds a Member guilty of contempt, the House may, in addition to any other penalty to which the Member may be liable under this Act or any other law, impose anyone or more of the following penalties.

(a)   A formal warning;

(b)   a reprimand;

(c)   an order to apologise to Parliament or the House or any person, in a manner determined by the House;

(d)   the withholding, for a specified period, of the member’s right to the use or the enjoyment of any specified facility provided to members by Parliament;

(e)   the removal, or the suspension for a specified period, of the member from any Parliamentary position occupied by the member;

(f)    a fine not exceeding the equivalent of one month’s salary and allowances payable to the member concerned by virtue of the Remuneration of Public Office Bearers Act, 1998 (Act No.20 of 1998);

(g)   the suspension of the member, with or without remuneration, for a period not exceeding 30 day, whether or not the House or any of its committees is scheduled to meet during that period.”

14.2.4       In terms of the Act, one or more of the penalties set out above may be imposed on any Member of Parliament who is found guilty of contempt of Parliament in terms of the Act (such as any of the Honourable Members).

 

14.2.5       Section 12 (9) of the Act reads as follows:

 

“12(9) A member may not be suspended under sub-section (5)(g) unless the House has found that –

(a)   the member is guilty of serious or repeated contempt; and

(b)   none of the other penalties set out in sub-section (5) will be sufficient.”

 

 

14.3      Relevant considerations in respect of any possible penalty or penalties

 

14.3.1       A variety of considerations may be relevant when considering the presence of mitigating or aggravating factors and when determining what penalty or penalties should be imposed.

14.3.2       It is respectfully submitted that in the circumstances of this matter, the factors to be considered by the Committee in aggravation or mitigation in determining the appropriate penalty or penalties to be imposed on the named Honourable Members include the following.

14.3.3       the seriousness of the charges of contempt of Parliament which the named Honourable Members have been found guilty of, as well as the nature and severity of the their conduct;

14.3.4       acknowledgement of wrongdoing and remorse on the part of the named Honourable Members, as well their co-operation with the work of the Committee;

14.3.5       any previous incidents involving the named Honourable Members; and

14.3.6       the interests of Parliament.

 

14.4        The seriousness of the charges of contempt of Parliament which the named Honourable Members have been found guilty of, as well as the nature and severity of their conduct

 

The charges of contempt of Parliament which the named Honourable Members have been found guilty of are serious.

 

14.4.1       The charges of contempt which the Honourable Members have been found guilty of, may be summarised as follows:

 

Charge 1

 

The relevant Honourable Members are guilty of conduct constituting contempt of Parliament in terms of Section 13(a) of the Act in that as a Member of Parliament and during ‘Questions to the President’ in the National Assembly on 21 August 2014, they contravened Section 7(a) of the Act by improperly interfering with or impeding the exercise or performance by the National Assembly (the House) of its authority or functions when they refused to obey the instruction of the Speaker that they take their seats.  This conduct impeded the House from performing its function of exercising oversight over the Executive by posing questions to the President and continuing with its business for that day.

 

The Honourable Members that have been found guilty of this charge are as follows: The Honourable Shivambu MP, the Honourable Ramakatsa MP, the Honourable Litchfield – Tshabalala, the Honourable Gardee MP and the Honourable Ndlozi MP (5 Honourable Members).

 

The Speaker requiredthe Honourable Shivambu, the Honourable Litchfield-Tshabalala, the Honourable Gardee, the Honourable Ramakatsa and the Honourable Ndlozi to take their seat on a number of occasions. The Speaker was addressing these Honourable Members. The Honourable Members also knew that the Speaker was addressing them.

 

The purpose for instructing these Honourable Members to take their seat was that the Speaker wished to allow Honourable Members in the House, who were in the queue, an opportunity to ask supplementary questions. Notwithstanding the Speaker’s instruction / requirement the named Honourable Members did not take their seats.

 

These Honourable Members acted deliberately and wilfully when they refused to take their seats. Their conduct improperly interfered with and / or impeded the exercise or performance by the National Assembly of its authority or functions. This type of contempt of Parliament is very serious.

 

As a consequence of the conduct of the named Honourable Members the House was unable to complete its business for the day on 21 August 2014.

 

Charge 2

 

The relevant Honourable Members are guilty of conduct constituting contempt of Parliament in terms of Section 13(c) of the Act in that as a Member of Parliament and during ‘Questions to the President’ in the National Assembly on 21 August 2014, you wilfully failed and / or refused to obey Rule 51 and Rule 53(1), read together, of the Rules of the National Assembly in that you refused to withdraw immediately from the Chamber for the remainder of the day’s sitting when you were ordered to do so by the Speaker.

 

The Honourable Members that have been found guilty of this charge are as follows: The Honourable Shivambu MP, the Honourable Ramakatsa MP, the Honourable Litchfield – Tshabalala, the Honourable Gardee MP, the Honourable Ndlozi MP, the Honourable Malema MP (6 Honourable Members).

 

The affected Honourable Members (Mr Shivambu, Mr Ramakatsa, Ms Litchfield-Tshabalala, Mr Gardee, Mr Ndlozi and Mr Malema) engaged in conduct that required the invoking of Rule 51 by the Speaker, being the instruction or order that the affected Honourable Members withdraw from the House immediately. The affected Honourable Members engaged in conduct which was grossly disorderly, in disregard of the Speaker and which would properly result in the invoking of Rule 51.

 

The said Honourable Members acted deliberately. Their conduct was so serious that it was appropriate and reasonable for the Speaker to instruct that the affected Honourable Members withdraw immediately from the Chamber for the remainder of the day’s sitting.

 

 

 

The affected Honourable Members refused to withdraw immediately from the Chamber for the remainder of the day’s sitting when ordered to do so by the Speaker. It is respectfully submitted that these conclusions are underscored by the comment of the Honourable Shivambu to the effect that “we will not be removed.”

 

Charge 3

 

The relevant Honourable Members are guilty of conduct constituting contempt of Parliament in terms of Section 13(a) of the Act in that as a Member of Parliament and during ‘Questions to the President’ in the National Assembly on 21 August 2014, you contravened Section 7(b) of the Act by improperly interfering with the performance by a member of his or her functions as a member, in the following manner - when the Speaker requested Mr BH Holomisa (a Member of Parliament) to pose a question (i.e. a supplementary question) to the President, your conduct prevented Mr Holomisa, and other Members of Parliament who might have wished to ask the President further questions, from asking their question/s, thereby preventing them from performing one of their functions as a Member of Parliament (namely to hold the Executive to account by asking the President questions).

 

The Honourable Members that have been found guilty of this charge are as follows: The Honourable Shivambu MP, the Honourable Ramakatsa MP and the Honourable Litchfield – Tshabalala (3 Honourable Members).

 

The affected Honourable Members engaged in conduct which prevented the Honourable Holomisa and other Members of Parliament, who might have wished to ask the President further supplementary questions, from asking their questions. The said conduct prevented the Honourable Holomisa and others who might have wished to ask the President further supplementary questions from performing one of their functions as a Member of Parliament (namely to hold the executive to account by asking the President questions), and was an improper interference.

 

On a number of occasions the Speaker specifically sought to recognise the Honourable Holomisa as being the next Member who would ask the President a supplementary question. The improper conduct of the Members did indeed have the result that the Honourable Holomisa and other Members who might have wished to ask the President further supplementary questions were prevented from doing so. The affected Members knew and understood that the next Member to speak was the Honourable Holomisa. The Honourable Members conducted themselves so as to prevent the Honourable Holomisa and others who might have wished to do so from asking the President further supplementary questions.

 

Prior to engaging in their improper conduct the Speaker had on at least two occasions explained to the House, which included the affected Honourable Members, the system of supplementary questions. Notwithstanding their knowledge of the Rules, notwithstanding the fact of the two prior explanations of the Rules and notwithstanding the fact that the Speaker had specifically referred to her recognising the Honourable Holomisa on a number of occasions, the affected Honourable Members acted improperly so as to prevent the Honourable Holomisa and others who might have wished to do so from asking the President supplementary questions.

 

 

Charge 4

 

The relevant Honourable Members are guilty of conduct constituting contempt of Parliament in terms of Section 13(c) of the Act in that as a Member of Parliament and during ‘Questions to the President in the National Assembly on 21 August 2014, you wilfully failed and / or refused to obey Rule 49 of the Rules of the National Assembly by failing to resume your seat when the Speaker rose while you were speaking or offering to speak, and thereby preventing the Speaker from being heard without interruption.

 

The Honourable Members that have been found guilty of this charge are as follows: The Honourable Shivambu MP and the Honourable Ramakatsa MP (2 Honourable members).

 

The Honourable Shivambu and the Honourable Ramakatsa wilfully failed and / or refused to obey Rule 49 of the Rules of the National Assembly by failing to resume their seats when the Speaker rose while they were speaking.  In doing so they prevented the Speaker from being heard without interruption. 

 

Charge 5

 

The relevant Honourable Members are guilty of conduct constituting contempt of Parliament in terms of Section 13(c) of the Act in that as a Member of Parliament and during ‘Questions to the President’ in the National Assembly on 21 August 2014, you willfully failed and / or refused to obey Rule 72 of the Rules of the National Assembly by speaking when they were not called upon to do so by the presiding officer (i.e. the Speaker) and / or without the Speaker recognizing them.

 

The Honourable Members that have been found guilty of this charge are as follows: The Honourable Shivambu MP, the Honourable Ramakatsa MP, the Honourable Litchfield – Tshabalala, the Honourable Gardee MP and the Honourable Malema MP (5 Honourable members).

 

The affected Honourable Members did indeed wilfully fail and / or refuse to obey Rule 72.  The affected Honourable Members spoke when not called upon to do so by the Speaker and / or without the Speaker recognising them.

 

Charge 6

 

The relevant Honourable Members are guilty of conduct constituting contempt of Parliament in terms of Section 13(a) of the Act in that as a Member of Parliament and during ‘Questions to the President’ in the National Assembly on 21 August 2014, you contravened Section 7(e) of the Act by creating or taking part in a disturbance within the precincts of Parliament while the House was meeting by, inter alia, shouting, and/ or banging on tables, and / or refusing to obey the Speaker’s instructions, and / or generally conducting yourself in a grossly disorderly manner, thereby interfering with or disrupting the proceedings of the House forcing the Speaker to suspend proceedings temporarily, and ultimately to adjourn the sitting for the day.

 

The Honourable Members that have been found guilty of this charge are as follows:

 

the Honourable Shivambu MP, the Honourable Ramakatsa MP, The Honourable Litchfield – Tshabalala, the Honourable Gardee MP, the Honourable Ndlozi MP, the Honourable Malema MP (i.e. Group A); and

 

the Honourable Louw, the Honourable Mashabela, the Honourable Matiase, the Honourable Maxon, the Honourable Moonsamy and the Honourable Mngxitama (i.e. Group B).

 

The affected Honourable Members conducted themselves in a grossly disorderly manner. The affected Honourable Members rose one after the other in quick succession, and the conduct of the affected Members built up to a crescendo of activity which included a number of them rising to their feet and addressing the Speaker simultaneously, shouting, banging on tables and / or refusing to obey the Speaker’s instructions. By the time that course of conduct as engaged in by the affected Honourable Members reaches its zenith their conduct had reached one of the high - watermarks of gross disorderly conduct or behaviour.

 

The affected Honourable Members were not engaging in robust or healthy debate. Their conduct was persistent and did not tolerate or permit or allow any other voices of Members, let alone the Speaker, to be heard disagreeing with them. The conduct of the affected Honourable Members does not, by any reckoning, approximate debate.

 

Charge 7

 

The relevant Honourable Members are guilty of conduct constituting contempt of Parliament in terms of Section 13(a) of the Act in that as a Member of Parliament on 21 August 2014, they contravened Section 7(a) of the Act by improperly interfering with or impeding the exercise or performance by the House of its authority or functions by remaining in the Chamber, after the sitting of the House had been temporarily suspended by the Speaker so that you could leave, alternatively, be removed from, the Chamber, in order for the House to continue with its business for that day. You refusal to leave the Chamber resulted in the House being adjourned for the day.

 

All twenty of the named Honourable Members have been found guilty of this charge, namely:

 

the Honourable Shivambu MP, the Honourable Ramakatsa MP, The Honourable Litchfield – Tshabalala, the Honourable Gardee MP, the Honourable Ndlozi MP, the Honourable Malema MP (i.e. Group A);

 

the Honourable Louw, the Honourable Mashabela, the Honourable Matiase, the Honourable Maxon, the Honourable Moonsamy, the Honourable Mngxitama (i.e. Group B); and the Honourable Joseph, the Honourable Khawula, the Honourable Matshobeni, the Honourable Mbatha, the Honourable Morapela, the Honourable Nqwenisa, the Honourable Ntobogwana and the Honourable Sonti (i.e. Group C).

 

The affected Honourable Members remained in the Chamber after the sitting had been temporarily suspended, so that they could leave, alternatively, be removed in order for the House to continue with its business for the day.

 

The affected Honourable Members to leave the Chamber resulted in the House being adjourned for the day. The affected Honourable Members knew and understood that they were ordered to leave the House, and notwithstanding this, the affected Honourable Members refused to obey the Speaker’s instruction to leave the House. That refusal was intentional and deliberate. This is further underscored by the statements of the Honourable Shivambu and the Honourable Malema, those statements made it clear that the affected Honourable Members would not be leaving the House. In point of fact the Honourable Malema expressly informed the Sergeant-at-arms that the affected Honourable Members would not leave the Chamber. It would appear that the only way to avoid any forcible removal and a confrontation (perhaps physical) was to adjourn the proceedings of the House for the day.

 

The evidence that serves before the Committee confirms that the nature of the affected Honourable Members’ conduct was very serious indeed.  It has been described as unprecedented.  It is respectfully submitted that the evidence that serves before the Committee confirms that the cumulative effect of the conduct of the affected Members was so grave that Parliament could not continue with its business on 21 August 2014.

 

The affected Honourable Members have been found guilty of a range of contempt.  The serious contempt and its consequences would warrant a sufficiently serious penalty or penalties.

 

14.5        Acknowledgement of wrongdoing and remorse on the part of the named Honourable Members, as well their co – operation with the work of the Committee

 

14.5.1       The Chairperson entered a “not guilty” plea on behalf of each of the named Honourable Members in respect of each charge of contempt of Parliament that they had been charged with.

 

14.5.2       The named Honourable Members have not acknowledged any wrongdoing whatsoever. They have also not shown any remorse for their conduct.

 

14.5.3       The hearing commenced on 7 October 2014. The Honourable Members, save for the Honourable Moonsamy, were present at the commencement of the hearing. On 7 October 2014, the Honourable Members confirmed that they had received the charges, that they had read the charges, that they had understood the charges and that they had no objection to the manner in which the charges were being put to them.  The Honourable Moonsamy subsequently confirmed the same.

 

14.5.4       Prior to being requested to enter a plea by the Chairperson of the Committee and after a presentation had been made by the Honourable Malema, the Honourable Members left the venue of the hearing informing the Chairperson of the Committee and the other Members of the Committee that they would play no further part in the hearings.

 

14.5.5       The Committee decided to proceed with the hearing and a not guilty plea was entered on behalf of each of the Honourable Members, in accordance with the provisions of the Act as read with the Rules of the National Assembly (8th  edition (the Rules). 

 

14.5.6       The Committee continued with the hearing on 7 October 2014, 8 October 2014, 9 October 2014, 15 October 2014, 20 October 2014 and 21 October 2014 without the participation of the named Honourable Members.

 

14.5.7       Whilst the affected Honourable Members could not be compelled to remain and participate in the work of the Committee, one of the consequences of their election is that they have not presented any mitigating factors and circumstances. 

 

15.5.8       The lack of acknowledgement of wrong doing and the lack of remorse should appropriately inform the penalty or penalties.

 

 

14.6        Any previous incidents involving the named Honourable Members

 

Whilst it is the case that the affected Members have not prior to 21 August 2014 conducted themselves in similar fashion in the National Assembly, it is respectfully submitted that this is outweighed by the serious nature and severity of their conduct.  That conduct was intentional and deliberate.  It is further submitted that notwithstanding earlier cautions on 21 August 2014 and having had time to reconsider their conduct, the affected Members persisted with conduct which was gravely disorderly and contemptuous.  The Members also acted in defiance of the Sergeant-at-Arms, conduct itself unprecedented.        

 

 

14.7        The interests of Parliament

 

The interests of Parliament (and the public) are advanced by orderly and robust debate and engagement.  It is respectfully submitted that the conduct of the affected Members was destructive of orderly and robust debate and engagement.  It is respectfully submitted that the conduct had about it the hallmarks of a designed and concerted effort to, inter alia, disrupt the proceedings of the House.        

 

 

14.8        Further considerations

 

14.8.1   The Honourable Shivambu stated the following to the Speaker on 21 August 2014 - “You won’t remove us. We are going nowhere” (Bundle B, Hansard of 21 August 2014, page 34).This is an indication of the attitude and state of mind of the named Honourable Members.

 

14.8.2       The named Honourable Members were fully aware of the Rules of the National Assembly, and notwithstanding such knowledge, disregarded those rules. The Honourable Shivambu indicated on 21 August 2014 in response to another Member of Parliament that “we have dealt with the issue of the rules, we have got that book as well, we know those things” (Bundle B, Hansard of 21 August 2014, page 28). The evidence which served before the Committee was that members of Parliament had participated in an “on-boarding” session (i.e. an orientation process) which familiarised them with the Rules of the National Assembly and how they should conduct themselves as members of Parliament. There was also evidence before the Committee that the National Assembly rule book and the National Assembly’s Guide to Procedure was available on Parliament’s website and that a copy of the National Assembly rule book had been given to members of Parliament.

 

14.8.3       No evidence served before the Committee that there has been previous and comparable incidents such as those which transpired on 21 August 2014 in the National Assembly.

 

14.9        Conclusion - possible penalty or penalties to imposed on the named

Honourable Members

 

14.9.1       The Committee is now required to consider which penalty or penalties, if any, it will recommend should be imposed by the House on each of the Honourable Members.

 

14.9.2       In accordance with the provisions of clause 12(5) of the Act, the Committee may recommend the imposition of, and the House may impose, one or more of the penalties referred to in clauses 12(5)(a) to (g) of the Act. It is respectfully submitted that this course of action is appropriate in the circumstances.

 

14.9.3       Further, and in accordance with the provisions of clause 12(9) of the Act, the Committee may recommend the suspension of, and the House may impose the suspension of, any of the named Honourable Members in terms of clause 12(5)(g) of the Act as they have been found guilty of serious contempt by the Committee and none of the other penalties set out in clause 12(5) of the Act would be sufficient. It is respectfully submitted that this course of action is appropriate in the circumstances.

 

14.9.4       It is respectfully submitted that for the reasons as set out herein, the following penalties are appropriate penalties for the Committee to recommend in respect of the named Honourable Members.

 

14.9.4.1            Group A

 

(a)   The Honourable Shivambu MP, the Honourable Ramakatsa MP, The Honourable Litchfield – Tshabalala, the Honourable Gardee MP, the Honourable Ndlozi MP and the Honourable Malema MP have been found guilty of a number of charges of contempt of Parliament.

 

(b)   Each one of those charges and findings of contempt is serious.  Taken together they warrant a penalty that is sufficiently serious.  It is submitted that the multiple and deliberate acts of serious contempt warrant an appropriately serious penalty.  It is further submitted that anything short of a sufficiently serious penalty will signal that that Rules of the National Assembly, which Rules the Members of the House collectively impose upon themselves, may be ignored, observed only in the breach and transgressed without fear or concern of serious consequence. It is respectfully submitted that such an approach is inappropriate and impermissible.

 

(c)   It is submitted that a sufficient penalty in respect of these Honourable Members should be a serious penalty or penalties.

14.9.4.2            Group B

 

(a)   The Honourable Louw, the Honourable Mashabela, the Honourable Matiase, the Honourable Maxon, the Honourable Moonsamy and the Honourable Mngxitama have been found guilty of two (2) charges of contempt of Parliament.  Individually, these two (2) charges are serious.  Contempt in the form of creating or participating in a disturbance is in and of itself a very serious form of contempt and would warrant a sufficiently serious penalty or penalties.  Taken together with the further contempt of improperly interfering with or impeding the exercise or performance by the House of its authorities or functions by remaining in the Chamber after the sitting of the House had been suspended so that they could leave, the contempt of these members is very serious indeed.

 

(b)   It is submitted that an appropriately serious penalty is warranted in the circumstances.  The members acted intentionally, deliberately and apparently in concert so as to disrupt the proceedings of the House.  No amount of reasonable intervention had the effect of the members reconsidering their conduct.

 

(c)   It is submitted that a sufficient penalty in respect of these members should be a serious penalty or penalties.

 

14.9.4.3            Group C

 

(a)     The Honourable Joseph, the Honourable Khawula, the Honourable Matshobeni, the Honourable Mbatha, the Honourable Morapela, the Honourable Nqweniso, the Honourable Ntobogwana and the Honourable Sonti have been found guilty of contempt which is serious.

 

(b)     Their conduct is however, both cumulatively and in its nature and extent different from that of the other groups of Members.  Nonetheless, it is submitted that the contempt of which have been found guilty warrants a sufficiently serious penalty.

 

(c)     It is submitted that a sufficient penalty in respect of these members should be a serious penalty or penalties.