The powers and privileges committee maintained its stance on Monday, asserting that it will not issue a subpoena to National Assembly Speaker Nosiviwe Mapisa-Nqakula to testify in the disciplinary hearing involving three EFF MPs.
This decision comes despite objections from the EFF’s legal representative, Mfesane ka-Siboto, who expressed concern about Mapisa-Nqakula not being called as a witness and raised issues regarding the committee’s constitution.
He made the statement when EFF MPs Ntombovuyo Mente, Khanya Ceza and Nazier Paulsen appeared before the disciplinary hearing for disrupting a parliamentary plenary on August 30, 2022, when President Cyril Ramaphosa was answering oral questions.
Their conduct on that day led to them being physically removed and Mapisa-Nqakula referring her report to the committee for investigation and reporting.
Advocate Tanya Golden, the hearing’s initiator, said Mente, Ceza and Paulsen were allegedly guilty of contempt of Parliament for contravening the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act. They each face three charges for disrupting the parliamentary proceedings and they have all pleaded not guilty.
Addressing the committee, Ka-Siboto said they have received affidavits to be used for the hearing from Parliament for National Assembly Secretary Masibulele Xaso and other officials. He also said they accepted the video recording and a Hansard report on the events of that day.
However, Ka-Siboto said the EFF still maintained that the committee was not properly constituted as had been previously argued by advocate Tembeka Ngcukaitobi in another disciplinary hearing involving six EFF MPs.
“We wish to restate those submissions.We insist and we stand by those submissions,” he said.
“Our view is that this is not in line with the Constitution and you cannot have a political opponent play witness, prosecutor and judge in a matter of a political opponent. We ask that this House adjourn and wait for part B application when those issues will be ventilated in a court of law to make a determination.”
Ka-Siboto added that they took issue with the absence of Mapisa-Nqakula as a witness.
“I would have loved to have the Speaker answer questions. On a report she presented as a basis of the charges, she gives evidence in chief without an opportunity to cross-examine and test her version,” he said.
Golden said she would decide who to call as a witness and that the issue of Mapisa-Nqakula appearing as witness was dealt with in the failed application brought by the EFF in the Western Cape High Court last week.
“There is, accordingly, in my view no impediment for the hearing not to continue with lead evidence of Mr Xaso and take him through the recording of August 30, 2022,” Golden said.
But, Ka-Siboto said their intention was not to ask Mapisa-Nqakula to give evidence.
“We accept that she provided a report. What she has given in her view in her report. We want to challenge her view. We want to test that,” he said.
Ka-Siboto said failure to call Mapisa-Nqakula as a witness would prejudice his clients.
After a discussion by members of the committee, chairperson Violet Siwela said they had enough evidence and did not need Mapisa-Nqakula as a witness. Siwela also said there were no issues with the composition of the committee.
“We are proceeding as the committee with this hearing. It is up to you to be with us,” she said.
Ka-Siboto said his clients would participate in the hearing under protest.
The hearing continues.
Cape Times