Parliament’s powers and privileges committee will not proceed with the investigation into former National Assembly speaker Nosiviwe Mapisa-Nqakula’s role in the hiking of secretary to parliament Xolile George’s salary in 2022.
The committee resolved at its meeting on Wednesday that with Mapisa-Nqakula’s resignation from parliament, it no longer has jurisdiction over her and can no longer pursue the DA complaint against her.
“There is an agreement that as this committee we derive our mandate from the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act (PPIPPLA), and it has been indicated that the affected member has resigned both as speaker and an MP, hence we agree to rest this matter because we don’t have a jurisdiction over it any more,” said acting committee chair Dr Manketsi Tlhape.
“I think that’s how this committee will conclude on this matter,” she said.
Parliament legal adviser Andile Tetyana had earlier told the committee that its jurisdiction is limited to members of the National Assembly and with Mapisa-Nqakula’s resignation on April 3, it meant the committee no longer has jurisdiction over her.
“This committee lacks the authority in law to haul her before it because she is no longer a member of the assembly,” said Tetyana.
It is no longer in our hands. Ours is just to close this matter and leave it there.”
— Doris Dlakude, ANC deputy chief whip
He cited the National Assembly rule book that states the committee must consider any matter referred to it by the speaker relating to contempt of parliament or misconduct by a member (of the assembly).
ANC MPs welcomed the advice, with deputy chief whip Doris Dlakude saying: “It is no longer in our hands. Ours is just to close this matter and leave it there.”
ANC MP Zola Mlenzana added that while the committee could no longer play a role, there was nothing stopping anyone from pursuing the matter outside the committee’s jurisdiction.
The DA’s Annelie Lotriet argued they could not accept that the whole matter “is now moot”. “The mischief that was caused is still there, and it has to be cured,” she said.
Lotriet cited external legal advice the committee had received before Mapisa-Nqakula’s resignation, which stated there were prima facie grounds for it to proceed with the hearings against her.
Lotriet said while the jurisdiction of the committee was confined to dealing with MPs, a situation remained where MPs supported George’s appointment based on inaccurate and incomplete information, and this had created a precedent.
In February, the powers and privileges committee gave Mapisa-Nqakula 10 working days to respond to a range of alleged governance breaches related to George’s salary package. This followed a complaint file by DA chief whip Siviwe Gwarube.
On March 4, Mapisa-Nqakula responded to the committee and questioned its jurisdiction to investigate the matter.
Mapisa-Nqakula suggested that the powers and privileges committee was not the correct parliamentary oversight mechanism to investigate joint decisions of the executive authority affecting the financial management of parliament.
She said the complaint related to her responsibilities in her capacity as a member of the executive authority of parliament, which is defined as the National Assembly speaker and the National Council of Provinces (NCOP) chairperson acting jointly.
“From this definition it is apparent that neither the speaker of the National Assembly nor the chairperson of the NCOP can act alone on matters relating to financial management of parliament, which appear to be the basis of Honourable Gwarube's complaint, hence her reference to the executive authority,” said the former speaker.
“Though it may be argued that as a member of the National Assembly, the committee has jurisdiction over the speaker, but in the circumstances of this matter, I acted jointly with the chairperson of the NCOP as members of the executive authority.
“Since as the speaker, I was acting in my capacity as a member of the executive authority, inescapably, the committee lacks jurisdiction to deal with the complaint,” she said.
But according to the legal advice of the initiator (prosecutor) appointed by the committee dated March 25, the complaint, as formulated, directly and squarely implicates specific conduct by the speaker. Such conduct, if ultimately proven, will constitute contempt of parliament under certain provisions of the PPIPPLA.
The initiator told the committee to inform Mapisa-Nqakula: “We have accordingly concluded that the committee does prima facie have the requisite jurisdiction.
“The committee has also concluded that there is a prima facie case that warrants investigation and a hearing. Based on the complaint, you will be furnished with a charge sheet in the coming days and be asked to plead to it.”
Gwarube had accused the speaker of misleading MPs about George’s salary package when she wanted them to endorse his candidacy. The position had been advertised at R2.6m a year, but once George had assumed office, the remuneration was later improved to R4.4m by Mapisa-Nqakula and NCOP chair Amos Masondo.
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