PH
The EFF has argued that Tuesday’s debate on a report by Parliament’s ad hoc committee on Nkandla could not go ahead, because “the matter is sub-judice”.
EFF MP Floyd Shivambu told the National Assembly he had written a letter to SpeakerBaleka Mbete on Tuesday morning reminding her of the rule that no member could refer to any matter on which a judicial decision was pending.
The party recently approached the Constitutional Court to force President Jacob Zuma to pay back a portion of the money spent on non-security related features at his Nkandla homestead.
“We want to stand to say the continuation of this debate will be in violation of the Constitution, but will also be in violation of the rules of the National Assembly,” Shivambu said.
Members of the ruling party heckled him as he addressed Deputy Speaker Lechesa Tsenoli.
Tsenoli referred to Mbete’s reply to the EFF.
He said the ad hoc committee’s report on Police Minister Nathi Nhleko’s Nkandla report was not sub judice and the matter would therefore go ahead as planned.
DA MP John Steenhuisen rose to say he agreed with the Speaker’s ruling, because the sub judice rule no longer applied in the South African legal lexicon.
“The sub judice rule cannot be used to suppress debate in Parliament,” he said.
However, he agreed with Shivambu in that the rule was inconsistently applied within the house.
Tsenoli said the question before court was not one the house was discussing and the debate would thus go ahead.
The DA indicated on Monday it would propose a motion in the National Assembly on Tuesday to have Nhleko’s report substituted with a report that the party had drafted with other opposition parties.
