While Parliament is still in recess, the agenda of the 2015 Parliamentary year is already being determined. More than a week ago, the EFF requested National Assembly Speaker Baleka Mbete to convene a special sitting for President Jacob Zuma to answer oral questions or he will answer them during the State of the Nation Address on the 12th of February.
ut Mbete declined the EFF’s request earlier this week. And during a press conference on the same day, EFF leader Julius Malema reiterated that the President will not deliver his speech until he has answered questions on that day.
Rising on a point of order during the president’s speech to ask questions is what the EFF leader says they will do. And they believe they will be doing it in terms of the rules.
“ We are scared that if we do not hold Zuma accountable on the 12th of February we are likely to see him again in 2016. He may not come back after the state of the nation because he has proved that he doesn’t take Parliament seriously. So every opportunity we get where we find Zuma we must be able to ask him that question otherwise we are not likely to see him coming to Parliament to answer questions,” says Malema.
A day after Mbete declined Malema’s request, a workshop was held with Parliamentary journalists about the rules of Parliament.
The Secretaries to the National Assembly and NCOP as well as Parliamentary legal advisors had almost a one a half hour engagement with Parliamentary journalist about the rules. The workshop was aimed at outlining how different sets of rules are applied during sittings of Parliament.
There are rules applied for National Assembly sittings, NCOP sittings and Joint Sittings of Parliament. A Joint Sitting of Parliament involves both members of the NCOP and the National Assembly.
An example of a Joint sitting of Parliament will be the State of the Nation Address called by the president to address the Nation. He is convening such a sitting in terms of Section 84 of the constitution. Joint Sittings are guided by Joint Rules. This means that National Assembly Rules are not applied during Joint Sittings, because Joint Sittings are guided by Joint Rules.
Similarly, NCOP Rules are not applied during joint sittings. But what level of decorum is applied during a Joint Sitting, like the State of the Nation Address, in the absence of unclear rules.
no member of parliament is allowed to speak unless prior permission has been granted
Secretary to the National Assembly Masibulele Xaso says Parliamentary Conventions and Practices form the basis of Parliamentary procedure especially when rules do not make adequate provision for decorum and transgressions during house sittings, “ In my own experience as a Parliamentary official I would venture to say that it is only in this Parliament where established conventions and practices are disregarded and not recognised. Certainly it is not practically possible to provide for every instance in the rules. The issues of the authority of the presiding officer, the issue of the binding nature of rulings of presiding officers, it would be a whole range of issues, that would be applicable and one of them for instance would be apart from the rule that I have just cited that at the State of the Nation Address only the President speaks.”
President Jacob Zuma’s State of the Nation Address remains under threat.
If the EFF’s threat becomes a reality, it will be the first time it happened in the history of this democratic Parliament. Should EFF MPs interrupt the President’s Speech by rising on a point of order and insist that he answers outstanding question first, the question is, which rule will they be applying.
According to the EFF they will be applying Rule 116 in terms of the National Assembly Rules. But can a MP rise on a point of order or speak during the President’s Speech.
Xaso says no member of Parliament is allowed to speak unless prior permission has been granted.
“ In terms of the Joint Rules , Joint rule 13, an Assembly or Council member other than the officer presiding at a joint sitting may not speak at that meeting unless invited by the presiding officer or without having obtained the permission of the speaker and the Chairperson of the Council before the meeting, so the Joint Rules are clear on the issue of speaking in a joint sitting. Transgression of the rules and disregarding of the authority of the presiding officer is provided for in the rules and the presiding officers will deal with it accordingly if the incident does occur during the sitting.”
While Section 13 of the Joint Rules does not permit MPs to speak willy nilly during the State of the Nation Address, it does not say what action can be taken against an MP who interrupts the President’s Speech. But Section 13 (C) of the legislation dealing with the Powers, Privileges and Immunities of Parliament and Provincial Legislatures makes provision for contempt of Parliament.
It says if an MP wilfully fails or refuses to obey any rule, order or resolution of a house or houses, then it constitutes contempt of Parliament. For example, if an MP repeatedly rises on a point of order and refuses to take his or her seat if instructed by the presiding officer to do so, it constitutes contempt.
This week also saw DA Parliamentary Leader Mmusi Maimane calling on Speaker Baleka Mbete for five definite dates for President Zuma to answer oral questions. Addressing a media briefing on the Parliamentary precinct, Maimane said the DA wants Mbete to ensure that Parliament’s Programme Committee chaired by Mbete, sits before the State of the Nation Address to discuss the dates for the President to answer oral question.
But Maimane also told journalists that the DA is against the EFF’s threat to disrupt the State of the Nation Address, “ The EFF’s planned disruption of the SONA may be good for high drama but it does not help to restore Parliament’s role as the apex of our democracy’s mechanisms of accountability that is what we need to achieve and by ignoring the rules and disrupting the house, Parliament’s capacity to do its job is eroded not strengthened.”
Meanwhile, the Presidency says the dates and time allocated for President Zuma’s oral question and answer sessions for the first quarter of 2015, will be finalised in due course.
– By Mercedes Besent
