ANC kills debate over Motsoeneng

27 August 2014 - 02:15 By Thabo Mokone
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TYPECAST: Hlaudi Motsoeneng
TYPECAST: Hlaudi Motsoeneng
Image: The Times

ANC MPs have closed ranks around Communications Minister Faith Muthambi, shielding her from questions on the appointment of Hlaudi Motsoeneng as chief operations officer of the SABC.

ANC MPs have closed ranks around Communications Minister Faith Muthambi, shielding her from questions on the appointment of Hlaudi Motsoeneng as chief operations officer of the SABC.

The ruling party also rejected a proposal by the DA for a legal adviser to be called into a meeting of the communications portfolio committee to advise whether the sub judice rule, which the minister insisted prevented her from answering questions on the matter, precluded the legislature from discussing issues that were before the courts.

This was after Muthambi appeared before the committee to brief MPs on how she planned to implement the public protector's recommendations against Motsoeneng, only for her later to decline to respond to questions.

The DA has launched an application in the high court in Cape Town seeking to overturn Motsoeneng's appointment.

DA and EFF MPs were frustrated by Muthambi's reluctance to engage them on the Motsoeneng saga.

"When you are in court, you say that this matter must be dealt with within parliament.

"When you're in parliament, you say that this matter must be dealt with in court, so where must it be dealt with?" asked the DA's Gavin Davis.

Davis argued that a precedent was set by former National Assembly speaker Frene Ginwala in the late 1990s, when she ruled that the sub judice rule should not prevent MPs from discussing issues before the courts.

Constitutional law expert Pierre de Vos said the rule was irrelevant, except in cases where there was a real risk of prejudice to the administration of justice.

"Unless you're deliberately trying to influence a judgment, there's no such a thing as sub judice any more," he said.

The EFF's Mbuyiseni Ndlozi said it was "nonsense" not to allow MPs to discuss Motsoeneng.

"It's hogwash. When a protest action is unleashed, people say we're childish and rowdy, while they are ignoring everything about the proper running of government," he said.

Muthambi claimed the DA had undermined parliament by taking the matter to court.

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