Hansard: NA: Oath and Solemn Affirmation Appointment of Returning Officers

House: National Assembly

Date of Meeting: 21 May 2014

Summary

No summary available.

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Minutes

Watch: First Sitting of the National Assembly, 2014

UNREVISED HANSARD

NATIONAL ASSEMBLY

Wednesday, 21 May 2014 Take: 1

WEDNESDAY, 21 MAY 2014

PROCEEDINGS OF THE NATIONAL ASSEMBLY

_____________________

Members assembled in the Chamber of the National Assembly at 10:30.

The Serjeant-at-Arms announced the Honourable Chief Justice, Justice Mogoeng Thomas Reetsang Mogoeng, who was received by members standing.

The Chief Justice took the Chair.

The National Anthem was sung by the Parliamentary Choir.

The Chief Justice requested members to observe a moment of silence for prayer or meditation.

The Chief Justice stated that the meeting had been convened in terms of section 51(1) of the Constitution and requested members to swear or affirm faithfulness to the Republic and obedience to the Constitution in terms of section 48 of the Constitution.

OATH AND SOLEMN AFFIRMATION

The following members made and subscribed the oath or solemn affirmation:

Abrahams, B L; Adams, F; Alberts, A D, America, D; Atkinson, P G; Bagraim, M; Baker, T E; Balindlela, Z B N; Bam-Mugwanya, V; Bapela, K O; Basson, J V; Basson, L J; Bekwa, S D; Bergman, D; Beukman, F; Bhanga, B M; Bhengu, N R; Bhengu, F; Bhengu, P; Bilankulu, N K; Bogopane-Zulu, H I; Bongo, B T; Bonhomme, T J; Booi, M S; Boroto, M G; Boshielo, S P; Boshoff, H S; Brauteseth, T J; Breytenbach, G; Brown, L; Buthelezi, M G; Capa, R N; Capa, N; Cardo, M J; Carrim, Y I; Carter, D; Cassim, Y; Cele, B H; Cele, M A; Chabane, O C; Chance, R W T; Chikunga, L S; Chohan, F I; Chueu, M P; Coleman, E M; Cronin, J P; Cwele, S C; Davies, R H; Davis, G R; De Freitas, M S F; De Kock, K; Didiza, A T; Dirks, M A; Dlakude, D E; Dlamini, B O; Dlamini-Dubazana, Z S; Dlodlo, A; Dlomo, B J; Dlulane, B N; Dreyer, A M; Dudley, C; Dunjwa, M L; Ebrahim, E I; Esau, S; Esterhuizen, J A; Faku, Z C; Figg, M J; Figlan, A M; Filtane, M L W; Frolick, C T; Fubbs, J L; Galo, M P; Gamede, D D; Gana, S M; Gardee, G A; Gcwabaza, N E; George, D T; Gigaba, K M N; Gina, N; Godi, N T; Goqwana, M B; Gordhan, P J; Gqada, T; Greyling, L W; Groenewald, P J; Grootboom, G A; Gumede, D M; Hadebe, T Z; Hanekom, D A; Hill-Lewis, G G; Hlengwa, M; Holomisa, S P; Holomisa, B H; Hoosen, M H; Horn, W; Hunsinger, C H H; Jafta, S M; James, W G; James, L V; Jeffery, J H; Joemat-Pettersson, T M; Johnson, M; Jonas, M H; Jongbloed, Z; Jordan, Z P; Joseph, B D; Kalako, M U; Kalyan, S V; Kekana, M D; Kekana, E; Kekana, C D; Kekana, P S; Kekana, H B; Kenye, T E; Khawula, M S; Khoarai, L P; Khosa, D H; Khoza, M B; Khoza, N P; Khubisa, N M; Khunou, N P; Kodwa, N G; Kohler, D; Koornhof, G W; Kopane, S P; Kota-Fredericks, Z A; Krüger, H C C; Krumbock, G R; Kubayi, M T; Kwankwa, N L S; Landers, L T; Lees, R A; Lekota, M G P; Lesoma, R M M; Letsatsi-Duba, D B; Litchfield-Tshabalala, K; Loliwe, F S; Lorimer, J R B; Lotriet, A; Louw, E N; Lovemore, A T; Luyenge, Z; Luzipo, S; Maake, J J; Mabasa, X; Mabe, P P; Mabe, B P; Mabija, L; Mabika, M S; Mabilo, S P; Mabudafhasi, T R; Mackay, G; Mackenzie, C; Macpherson, D W; Madella, A F; Madikizela-Mandela, N W; Madisha, W M; Madlopha, C Q; Maesela, P; Mafolo, M V; Mafu, N N; Magadla, N W; Magadzi, D P; Magwanishe, G; Mahambehlala, T; Mahlalela, A F; Mahlangu, D G; Mahlangu, J L; Mahlobo, M D; Maila, M S A; Maimane, M A; Majeke, C N; Majola, F Z; Majola, T R; Makhubela-Mashele, L S; Makondo, T; Makwetla, S P; Malema, J S; Malgas, H H; Maluleke, J M; Manamela, K B; Manana, M C; Manana, M N S; Manana, D P; Mandela, Z M D; Mantashe, P T; Maphatsoe, E R K; Mapulane, M P; Marais, E J; Marais, S J F; Martins, B A D; Masango, M S A; Masango, S J; Masehela, E K M; Maseko, L M; Mashabela, N R; Mashatile, S P; Mashego-Dlamini, K C; Mashile, B L; Masina, M C; Masondo, N A; Masuku, M B; Masutha, T M; Mathale, C C; Mathebe, D H; Matiase, N S; Matlala, M H; Matlhoko, A M; Matsepe, C D; Matshoba, M O; Matshobeni, A; Matsimbi, C; Mavunda, R T; Maxegwana, C H M; Maxon, H O; Maynier, D J; Mbalula, F A; Mbatha, M S; Mbete, B; Mbhele, Z N; Mc Gluwa, J J; Mchunu, S; Mcloughlin, A R; Mdaka, N M; Mdakane, M R; Memela, T C; Meshoe, K R J; Mfeketo, N C; Mhlongo, T W; Michael, N W A; Mileham, K J; Mjobo, L N; Mkhize, H B; Mkongi, B M; Mmemezi, H M Z; Mmusi, S G; Mncwabe, S C; Mncwango, M A; Mnganga - Gcabashe, L A; Mnguni, P J; Mnguni, D; Mngxitam, J A; Mnisi, N A; Mogotsi, V P; Mokgalapa, S; Mokoto, N R; Molebatsi, M A; Molewa, B E E; Moloi-Moropa, J C; Moonsamy, M; Morapela, K Z; Morutoa, M R; Mosala, I; Motau, S C; Moteka, P G; Mothapo, M R M; Motimele, M S; Motshekga, M A; Motshekga, M S; Motsoaledi, P A; Mphethi, S S A; Mpontshane, A M; Msibi, V Z; Mthembu, J M; Mthembu, N; Mthethwa, E N; Mthethwa, E M; Mubu, K S; Mudau, A M; Mulaudzi, T E; Mulder, P W A; Mulder, C P; Muthambi, A F; Nchabeleng, M E; Ndaba, C N; Ndabeni-Abrahams, S T; Ndebele, J S; Ndlozi, M Q; Ndongeni, N; Nel, A C; Nene, N M; Nesi, B A; Ngcobo, B T; Ngwenya-Mabila, P C; Nkadimeng, M F; Nkoana, H F; Nkoana-Mashabane, M E; Nkomo, S J; Nkwinti, G E; Nobanda, G N; Nqakula, N N; Nqweniso, N V; Ntobongwana, P; Ntombela, M L D; Ntshayisa, L M; Ntuli, B M; Nxesi, T W; Nyalungu, R E; Nzimande, B E; Oliphant, M N; Oliphant, G G; Ollis, I M; Oosthuizen, G C; Oriani-Ambrosini, M G; Pandor, G N M; Patel, E; Peters, E D; Phaahla, M J; Phosa, Y N; Pikinini, I A; Pilane-Majake, M C C; Plouamma, M A; Qikani, A D N; Rabotapi, M W; Radebe, J T; Radebe, B A; Radebe, G S; Ralegoma, S M; Ramakatsa, R P; Ramaphosa, M C; Ramatlhodi, N A; Ramokhoase, T R J E; Rantho, D Z; Raphuti, D D; Redelinghuys, M H; Robinson, D; Ross, D C; Scheepers, M A; Schmidt, H C; Selfe, J; Semenya, M R; September, C C; Seshoka, M S; Shabangu, S; Shaik Emam, A M; Shelembe, M L; Shinn, M R; Shivambu, N F; Shope-Sithole, S C N; Sibande, M P; Singh, N; Sisulu, L N; Sisulu, M V; Sithole, K P; Siwela, E K; Sizani, P S; Skosana, J J; Skwatsha, M; Smith, V G; Sonti, N P; Sotyu, M M; Stander, T; Steenhuisen, J H; Steenkamp, J; Steyn, A; Stubbe, D J; Surty, M E; Swart, S N; Tarabella Marchesi, N I; Terblanche, J F; Thabethe, E; Thomson, B; Tleane, S A; Tobias, T V; Tom, X S; Tseke, G K; Tseli, R M; Tsenoli, S L; Tshishonga, M M; Tshwete, P; Tsoleli, S P; Tsopo, M A; Tsotetsi, D R; Twala, D L; Van Damme, P T; Van Der Merwe, L L; Van Der Walt, D; Van Der Westhuizen, A P; Van Dyk, V; Van Onselen, B; Van Rooyen, D D D; Van Schalkwyk, M C J;

Van Schalkwyk, S R; Volmink, H C; Vos, J; Walters, T C R; Waters, M; Whitfield, A G; Wilson, E R; Xasa, T; Xego-Sovita, S T; Xingwana, L M; Yengeni, L E; Zokwana, S; Zulu, L D; Zuma, J G.

RULES FOR ELECTION OF OFFICE BEARERS

The Chief Justice announced that Rules as contemplated in item 9 of Part A of Schedule 3 to the Constitution had been made available to members.

APPOINTMENT OF RETURNING OFFICERS

The Chief Justice further announced the appointment of Mr M B Coetzee as Returning Officer, and as Assistant Returning Officers Mr M Xaso, Ms P N Tyawa, Mr C V Mahlangu, Mr M H Plaatjies, Mr V P Ngaleka, Ms T V Lyons, Ms A A Kisten, Ms R January, Mr M J Toti, Ms C S Abell, Mr F J Basson, Ms N C Manjezi, Ms N Mongo, Adv Z Naidoo and Mr P Hahndiek.

NOTICE CALLING MEETING OF NATIONAL ASSEMBLY

The Returning Officer read out the following Notice, dated 2 May 2014:

By virtue of the power vested in me in terms of section 51(1), read with sections 52(2) and 64(4) of the Constitution of the Republic of South Africa, I, Mogoeng Mogoeng, Chief Justice of South Africa, have determined the First Sitting for the Fifth Democratic Parliament as follows:

1. That the First Sitting of the National Assembly, at which the President of the Republic of South Africa, Speaker and Deputy Speaker of the National Assembly will be elected, shall take place on 21 May 2014, at 10h30, and

2. That the First Sitting of the National Council of Provinces, at which the Chairperson and the Deputy Chairperson of the National Council of Provinces will be elected, shall take place on 22 May 2014 at 10h30.

Signed

Mogoeng Mogoeng

Chief Justice of the Republic of South Africa

UNREVISED HANSARD

NATIONAL ASSEMBLY

Wednesday, 21 May 2014 Take: 2

CHIEF JUSTICE OF THE REPUBLIC OF SOUTH AFRICA

ELECTION OF SPEAKER

The House proceeded to the election of a Speaker of the National Assembly.

The Chief Justice reminded members that nominations had to be submitted in the prescribed form and duly seconded.

The Chief Justice informed members that in terms of item 4 of Part A of Schedule 3 to the Constitution no debate would be allowed.

The Chief Justice called for nominations.

Ms Pamela Tshwete, seconded by Ms Fatima Ismail Chohan, nominated Ms Baleka Mbete for election as Speaker of the National Assembly.

The Returning Officer reported to the Chief Justice that the nomination paper had been properly completed.

Ms Annette Steyn, seconded by Mr Sejamotopo Charles Motau, nominated Ms Zisiwe Beauty Nosimo Balindlela for election as Speaker of the National Assembly.

The Returning Officer reported to the Chief Justice that the nomination paper had been properly completed.

There being more than one candidate nominated, the Chief Justice announced that a secret ballot would take place in terms of item 6 of Part A of Schedule 3 to the Constitution and suspended proceedings for preparation of ballot papers.

BUSINESS SUSPENDED AT 12:00 AND RESUMED AT 13:49.

The House proceeded to the secret ballot for the election of the Speaker of the National Assembly.

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NATIONAL ASSEMBLY

Wednesday, 21 May 2014 Take: 3

ELECTION OF THE SPEAKER

Dr C P MULDER: Hon Chief Justice, may I address you on a point of procedure? Sir, in terms of the Rules for the elections today, as published in March 2014, if you look at page 6 of the Rules, in terms of paragraph 5 that deals with the ballot, then you will see in paragraph 5(b) that the Rules are stipulated as follows: When the name of a member or head of a provincial delegation in other circumstances is called, he or she must, if present at the meeting, be issued with a ballot paper and record his or her vote in accordance with Rule 5(5). I suggest that names of members have been called and they did not participate in the procedure, and I would like your interpretation, please Sir. Thank you.

The CHIEF JUSTICE: Thank you. I have been advised that a similar issue was raised in the past when my predecessor, Pius Langa, was presiding. Now, this process is essentially no different from what obtains when the Independent Electoral Commission spearheads the electoral process. Ballot papers are available; people would have registered their names to participate in the electoral process. But nobody can be heard to say that because you have registered and there is a ballot paper available to you, you are forced, whether at gunpoint or some other means, not only to present yourself but also to make your mark. [Applause.]

Similarly, this being a democratic process, if any hon member of this House holds the view that they do not want to participate in the process because there is nobody they are going to be voting for, they are free not to respond when they are called to the front to collect their paper and indicate who they would like to vote for.

Now, "must" is the issue. Our courts have interpreted "must", depending on the context ... [Applause.] ... to mean "may". It is for this reason that against the background I have given, "must" in these Rules, which I was privileged to draft or revise, means "may". [Applause.]

Dr C P MULDER: Hon Chief Justice ...

The CHIEF JUSTICE: I hope you are not threatening to call me to order.

Dr C P MULDER: No, hon Chief Justice. I really enjoyed your interpretation. I hope that also means that when it comes to the payment of our taxes "must" will mean "may". [Laughter.] [Applause.]

The CHIEF JUSTICE: May I have the House's attention please. It has just been brought to my attention that an hon member inadvertently made a mark where she did not intend to. In terms of the Rules that govern this process, Rule 5(7) in particular: If, during the ballot, the presiding officer is satisfied that a ballot paper has been inadvertently spoiled, he or she must instruct the returning officer to cancel that ballot paper, endorse the counterfoil thereof accordingly and issue a new ballot paper to the member or the leader of the provincial delegation concerned. This doesn't affect the NCOP, so the question of the leader of the provincial delegation does not arise.

I have looked at the mark. I am satisfied that it was inadvertently made and I, accordingly, instruct the returning officer to cancel the ballot paper, endorse the counterfoil thereof and issue a new ballot paper to the member who brought this to our attention. Thank you.

The member may step forward. [Interjections.] I would have preferred to save the hon member the embarrassment, but I can't do anything.

The Chief Justice announced that business would be suspended to allow the votes to be counted.

BUSINESS SUSPENDED AT 14:44 AND RESUMED AT 15:51.

The CHIEF JUSTICE

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The CHIEF JUSTICE

The Chief Justice took the Chair.

The CHIEF JUSTICE: Before I start with what is expected of me, let me start with an apology. Firstly, some hon members were reportedly trapped in a lift somewhere, and I was asked to give them time to get to the House – the counting process has been over for quite some time now. So that is the reason.

Secondly, I need to make this point before it's too late. This is quite a historic moment, so we are all entitled to be excited in celebration of the democratic process as it unfolds. Even South Africans in the gallery are participating quite enthusiastically. But I have a request to make. Could you please restrain yourselves, however excited you may be that so-and-so was voted for? Just restrain yourselves so that the dignity, the quietness and the serenity - equivalent to that which obtains in a court of law - are observed at least for as long as I am presiding, and then you may continue afterwards. [Laughter.]

The Chief Justice announced the results of the ballot as follows:

Ballot papers issued: 366

Ballots counted: 366

Invalid ballot papers: 18

Ms Zisiwe Beauty Nosimo Balindlela: 88

Ms Baleka Mbete: 260

Ms Baleka Mbete accordingly elected as Speaker of the National Assembly.

The Chief Justice, on behalf of all present, congratulated Ms Baleka Mbete on her election as Speaker and requested her to take the Chair.

The Serjeant-at-Arms conducted the Speaker to the Chair and placed the Mace in its position.

The SPEAKER

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NATIONAL ASSEMBLY

Wednesday, 21 May 2014 Take: 4

The CHIEF JUSTICE

ACCEPTANCE SPEECH BY NEW SPEAKER

The SPEAKER: Hon Chief Justice Mogoeng Mogoeng, His Excellency President Jacob Zuma, hon members of the National Assembly, members of the diplomatic corps, distinguished guests and members of the public, it is with great humility, a deep sense of honour and an unswerving resolve to honour your trust that I take the Chair as the Speaker of the National Assembly.

I wish to take this opportunity to thank Chief Justice Mogoeng Mogoeng for graciously preparing and guiding us today. As Speaker, I want to express my sincerest appreciation to hon members for the confidence they have placed in me and for the great responsibility that has been entrusted to me. I am fully aware not only of the honour bestowed upon me, but the responsibilities of leading this important institution of our young democracy. As hon members are aware, I have been here in this august House before, and even though I am not a "returning member", I am a returning Speaker ... [Applause.] ... which, I think, should bode well for our Parliament. I assure hon members that your trust is not misplaced and I will carry out my duties as Speaker in a manner that befits your trust and the letter and spirit of our Constitution.

I wish to take this opportunity to warmly welcome our new members to this honourable House. I have been informed that almost half of the members sworn in today did not serve in the Fourth Parliament. That is quite a high percentage, and for many of you it will be a fast-tracked learning process and an adjustment to a new way of doing things. However, I want to assure hon members that members of the previous parliaments have created an enabling environment in this House that will undoubtedly assist you in adjusting to your new surroundings and working environment in no time. I also wish to warmly welcome back the returning members to the House.

Let me also take this opportunity to express my gratitude to the former Speaker, the hon Max Sisulu, for the sterling work he did over the past five years in entrenching democracy and uplifting the status of Parliament, both nationally and internationally. [Applause.] Let me also express my gratitude to the former Deputy Speaker, Ms Nomaindia Mfeketo, and all other presiding officers of the Fourth Parliament for their excellent work in managing this institution with such devotion. [Applause.]

Twenty years after democracy we stand as a proud nation, a self-assured nation confident of its own capacity and its own ability to mould its own destiny. Through the ballot box, the people of South Africa have once again given us, their elected representatives, an unequivocal mandate and we dare not fail them. We rise and fall as one nation, as one people. Let us therefore resist the temptation to fall back on the same partisanship and pettiness that has taken root in our political landscape of late. Let us summon a new spirit of patriotism and of responsibility where each of us resolve to pitch in and work harder, smarter and faster to ensure that our people have a better quality of life in their lifetime.

Robust debates and attacking each other's policies are part of a lively parliamentary process. It is, however, important that members remain conscious that their interaction with each other does not create a perception in society that would divide a nation into polarised political positions. I am not propagating what is referred to as "sweetheart debates" in Parliament, but I am raising the need to be aware of our influence on the public as their representatives. Let each one of us therefore represent our people with dignity, purpose and honour. Let Parliament continue to be a living embodiment of nation-building, purpose, solidarity and unity.

I know we are all a little fatigued after hard-fought election campaigns. There is, however, little time for a break as there is much work that lies ahead of us. Tata Nelson Mandela cautioned us to always remember that, and I quote:

What challenges us, who define ourselves as states-persons, is the clarion call to dare to think that what we are about is people - the proverbial man and woman in the street. These, the poor, the hungry, the victims of petty tyrants, the objectives of policy, demand change.

In the coming days, months and years I look forward to working with the heads of all political parties to ensure that Parliament remains a vibrant, robust people's Parliament - a guidepost for nation-building and transformation; a Parliament that all South Africans are truly proud of. I thank you. [Applause.]

ELECTION OF DEPUTY SPEAKER

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NATIONAL ASSEMBLY

Wednesday, 21 May 2014 Take: 5

The SPEAKER

ELECTION OF DEPUTY SPEAKER

The House proceeded to the election of a Deputy Speaker of the National Assembly.

The Speaker called for nominations.

Mr Sango Patekile Holomisa, seconded by Ms Bongi Maria Ntuli, nominated Mr Solomon Lechesa Tsenoli for election as Deputy Speaker of the National Assembly.

The Returning Officer reported to the Speaker that the nomination paper had been properly completed.

There being no further nominations, the Speaker declared Mr Solomon Lechesa Tsenoli duly elected as Deputy Speaker of the National Assembly.

The Speaker, on behalf of all present, congratulated Mr Solomon Lechesa Tsenoli on his election as Deputy Speaker.

The DEPUTY SPEAKER

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THE SPEAKER

ACCEPTANCE SPEECH BY NEW DEPUTY SPEAKER

The DEPUTY SPEAKER: Madam Speaker, Comrade President, Deputy President and hon members, I wish to start by congratulating the Speaker and saying welcome to you, Ma'am. We are ready to serve under your guidance and leadership. Allow me also to confirm what you said earlier, that we must thank the people of our country for renewing our mandate in a free and fair 5th general election confirming our democratic credentials in the nations of the world. [Applause.]

Secondly, allow me to thank the ANC, through our President and Deputy President, for trusting us as its candidate, now confirmed by you, hon members, to be Deputy Speaker of the National Assembly. Allow me also, Madam Speaker, specifically to thank the President for having fielded me in the past two years or so in the executive, giving me invaluable experience which I hope will serve a very useful purpose in conducting our oversight responsibility.

It will be a singular honour to serve you, members, and together serve the citizens of our country with honour, respect and diligence. The majority of our people, especially those who still suffer the consequences of inequality, poverty and unemployment despite the significance progress we have made so far, expect no less from us. Thank you very much. [Applause.]

BLESSING OF HOUSE

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The DEPUTY SPEAKER

BLESSING OF HOUSE

Bishop Michel Hansrod of the Methodist Church of Southern Africa, Sheikh Abdul Hamied Gabier of the Muslim Council, Rabbi Steven Matthew Miller of the Ohr Shamayach Congregations, Sister Pratiba Daya, a representative of the Brahma Kumaris Community, and Ms Tahirih Matthee, a representative of the Baha'i Community blessed the House.

The SPEAKER: Regrettably, hon members, Dr Nomatshaka Taho, a representative of the African Traditional Religion, had to leave and therefore that would have been our last prayer.

ELECTION OF PRESIDENT OF THE REPUBLIC

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BLESSING OF HOUSE

ELECTION OF PRESIDENT OF THE REPUBLIC

The Speaker announced that the House would proceed to the election of the President.

The Chief Justice took the Chair as required under section 86(2) of the Constitution.

The Chief Justice called for nominations.

Ms M R MORUTOA: Chief Justice, I, Rosalia Morutoa, am honoured and privileged, on behalf of the ANC and millions of South Africans ... [Laughter.] ... to nominate the honourable Jacob Gedleyihlekisa Zuma, to the position of President of the Republic of South Africa in the fifth term of this democratic government. Thank you. [Applause.]

Mr N A MASONDO: Hon Speaker, esteemed Chief Justice, I, Nkosiyakhe Amos Masondo, rise to second the nomination by Member of Parliament Rosalia Morutoa, to have the honourable J G Zuma elected as President of the Republic of South Africa. Thank you very much. [Applause.]

The CHIEF JUSTICE: Would you please present the nomination form to the Returning Officer.

Mr J SELFE: Hon Chief Justice ...

The CHIEF JUSTICE: Before you say anything, let me just verify this. There is a signature here, which is made out to be that of the nominee. I just need confirmation. Hon Zuma, is this your signature? Do you accept the nomination?

Mr J G ZUMA: Chief Justice, it is indeed my signature. Thank you. [Applause.]

The CHIEF JUSTICE: The nomination is compliant. I will then entertain ... Are you nominating another candidate?

Mr J SELFE: Not quite, honourable Chief Justice. Honourable Chief Justice, I rise on the question of procedure in terms of Rule 8 of the Rules of the first sitting of the National Assembly, on which I would like your ruling.

The CHIEF JUSTICE: Rule 8?

Mr J SELFE: Rule 8, yes. We object to the nomination of Mr Jacob Zuma. This nomination is irrational, since his conduct during his previous term conflicted especially with section 96 of the Constitution. In particular, he has not acted on the recommendations of at least two reports of the Public Protector, and he appointed a National Director of Public Prosecutions who was manifestly unsuitable and whose appointment was set aside by the Constitutional Court. [Applause.]

Ms G N M PANDOR: Point of order ...

Mr J SELFE: I request, hon Chief Justice, that you rule that Mr Zuma is not a fit and proper person to be nominated as President. [Applause.]

Ms G N M PANDOR: Hon Chief Justice, on a point of order: It would have done the hon member well to read the Constitution before his frivolous motion, because this House is now mandated to elect a President from among the members of the National Assembly, which we are properly doing. [Applause.]

The CHIEF JUSTICE: Well, let me start from the beginning. I am not too sure that the question being raised relates to any procedure, but be that as it may, section 47 of the Constitution provides:

(1) Every citizen who is qualified to vote for the National Assembly is eligible to be a member of the Assembly, except-

(a) anyone who is appointed by, or is in the service of, the state and receives remuneration for that appointment or service, other than-

(i) the President, Deputy President, Ministers and Deputy Ministers; and

(ii) other office-bearers whose functions are compatible with the functions of a member of the Assembly, and have been declared compatible with those functions by national legislation;

(b) permanent delegates to the National Council of Provinces or members of a provincial legislature or a Municipal Council;

(c) unrehabilitated insolvents;

(d) anyone declared to be of unsound mind by a court of the Republic; or

(e) anyone who, after this section took effect, is convicted of an offence and sentenced to more than 12 months imprisonment without the option of a fine, either in the Republic, or outside the Republic if the conduct constituting the offence would have been an offence in the Republic, but no one may be regarded as having been sentenced until an appeal against the conviction or sentence has been determined, or until the time for an appeal has expired. A disqualification under this paragraph ends five years after the sentence has been completed.

(2) A person who is not eligible to be a member of the National Assembly in terms of subsection (1)(a) or (b) may be a candidate for the Assembly, subject to any limits or conditions established by national legislation.

(3) A person loses membership of the National Assembly if that person –

(a) ceases to be eligible; or

(b) is absent from the Assembly without permission in circumstances for which the rules and orders of the Assembly prescribe loss of membership; or

(c) ceases to be a member of the party that nominated that person as a member of the Assembly ...

Why all this reading? The lists of those designated to be sworn in or affirmed as members of the National Assembly, the National Council of Provinces and provincial legislatures were presented to the Chief Justice by the Independent Electoral Commission on 10 May 2014.

Knowing what the constitutional requirements for eligibility for membership of the National Assembly is, it is from then until shortly before the oath of office or the affirmation was administered to the members that an objection of this nature ought to be raised. That not having been done, any one of the hon members here is, in terms of section 86 of the Constitution - and I will go there - eligible for nomination and election to the position of President.

Section 86(1) provides: "At its first sitting after its election, and whenever necessary to fill a vacancy, the National Assembly must elect a woman or a man from among its members to be the President."

Now, the honourable Jacob Gedleyihlekisa Zuma is a member of the National Assembly. Having signed all the forms, I know that he is one of those who took an oath and not a solemn affirmation and is therefore eligible for election to the Office of the President according to the Constitution. [Applause.]

So, my ruling is therefore to dismiss the point raised ... [Laughter.] ... without costs. [Laughter.]

At this stage we have one duly seconded nomination for the position of President of the Republic of South Africa. Are there other nominations? Well, it looks like the hon Malema is signalling his availability. [Laughter.] Are there any other nominations?

There being no further nominations, the Chief Justice declared Mr Jacob Gedleyihlekisa Zuma duly elected as President of the Republic of South Africa.

Mr Jacob Gedleyihlekisa Zuma, accordingly, elected President of the Republic.

The Chief Justice congratulated Mr Jacob Gedleyihlekisa Zuma on his election as President.

The Speaker took the Chair.

The Speaker thanked the Chief Justice for conducting the proceedings.

The House adjourned at 16:50.

Kn//LIM CHECKED// TAKE ENDS AT 16:50:14

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