Report of Powers & Privileges Committee on Hearing into allegations of conduct constituting contempt of Parliament by members of the National Assembly - 27 November 2014

Cheryllyn Dudley MP, ACDP

The Rules of Parliament are rules agreed by Members of Parliament – they have a purpose and that is to keep a degree of order to ensure the work of Parliament can be done – what we have witnessed in the last week – and months before that - is a display of just how easily the work of Parliament can be sabotaged and frustrated when members have a mind to do so.  It is a shame that the rules of the House have been so brazenly disrespected and disregarded in front of the entire nation and the world – and the unruly and threatening behaviour that occurred on 21 August is indefensible in our view. 

The ACDP has carefully read the committee’s report and the charges are indeed serious.  For this reason we would have supported a recommendation outlining serious measures to ensure that consequences are no laughing matter and that they are a real deterrent for not only these members but others who want to manipulate parliament in this way. Having said that, these members are first time offenders, and in certain instances have had the maximum sentence imposed upon them. This is very unusual in the case of first time offenders. The sentences imposed, in our opinion, should have been suspended to give the honourable members of the EFF a second but final chance – an opportunity to learn from the experience – along with the rest of us.

The ACDP is also of the opinion that due process was not meticulously followed when one considers that The main complainant, the Speaker, did not give evidence; that there is a perception of bias on the side of the ruling party, given that on a number of charges, the opposition members present either did not feel that the evidence justified a finding of guilty, or that the sanction imposed was too severe; and while the EFF members chose not to participate in the process, evidence in mitigation of sentence, led by other members could and should have been allowed. 

For these reasons the ACDP will not be supporting this report and we strongly recommend that the disciplinary hearings are re-held to correct errors in process and that a suspension of the severe sanctions be considered.  

Ultimately, unless a political solution is found and parties choose to hold themselves to a higher standard, the current situation in Parliament will continue to deteriorate.

The ACDP holds the view that the present situation in the National Assembly in Parliament is disruptive and counter-productive – and cannot be condoned.  All parties must take responsibility in order to ensure that the institution of parliament functions optimally and is not brought into disrepute.  

The ACDP welcomed the efforts of the Deputy President to initiate a process to this end and we regret that some parties failed to keep to the terms and spirit of their own agreement.  If the agreement had held, the disciplinary hearing against members of the EFF would have been put on hold while party leaders and the deputy president worked together to find a workable and sustainable way forward.  One which did not unnecessarily diminish freedom of expression in the National Assembly but at the same time protected the right of all members to non-violently and respectfully hold the President and the Executive to account.