National Assembly Speaker Thoko Didiza speaking to journalists on the Constitutional Court judgment.
Image: Henk Kruger / Independent Media
National Assembly Speaker Thoko Didiza has said there is nothing to worry about, as Parliament discharges its responsibility.
This comes amid brewing tensions within the Impeachment Committee as the DA wants the parliamentary legal services to provide a legal opinion on the implications of Didiza’s alleged meeting with President Cyril Ramaphosa’s legal team.
DA parliamentary leader George Michalakis enquired in the Subcommittee on the Review of Assembly Rules on Thursday whether Didiza approached the legal advisors for an opinion on proceeding with Ramaphosa’s review application.
He also said there were some widespread reports that Didiza met with Ramaphosa's legal advisors.
“If that is true, it would taint the whole process, and she might have to recuse herself to protect the integrity of the process. What would be the rules around that?” asked Michalakis.
He stated that the question was whether Didiza could preside without tainting the process and creating procedural grounds to challenge the outcome if she had met with Ramaphosa on his review application of the Independent Panel report into the preliminary inquiry on Phala Phala.
Michalakis stated that the parliamentary legal advisors have an obligation to provide them with the legal answer.
“I would please like to know whether it is possible for her to continue under those circumstances so that we can take the appropriate actions, if necessary.”
State law advisor Andrew Breytenbach said questions concerning Didiza taking an opinion or meeting with the president's legal team were not matters they were at liberty to respond to.
“I have no information about that. So that, with respect, is a matter to be taken up with the Speaker,” said Breytenbach.
ANC MP Mikateko Mahlaule said the court judgment has directed Didiza to do certain things, including releasing the Independent Panel report and referring it to the Rules Committee for processing, among other things.
“Now, if you want to test or question the impartiality of the Speaker having met certain people, it's disingenuous because that matter is not before Parliament as per the court order,” Mahlaule said.
He also said Parliament has Mondays as constituency days, where MPs do political work.
“He can't tell me that he must be restricted from meeting whoever he has. That's not the point here. The point is, we must process the court order, not look at the impartiality of the Speaker or who she meets or doesn't,” said Mahlaule.
MK Party MP Mzwanele Manyi said he agreed with the anxiety expressed by Michalakis.
“In fact, you know, the more I think about it, it's actually a lot more serious because, if what he is saying can be taken to its natural conclusion, it's actually quite damning,” said Manyi.
“I get nervous, chairperson, that this thing that Honourable Michalakis is talking about could be far-reaching than meets the eye,” he added.
However, Michalakis said he had written to Didiza, and she did not deny it.
“In fact, it's very clear from her response that she did meet with the president's legal advisors on Phala Phala, and she just simply said that it was in the execution of her Constitutional Court obligations, which I find interesting,” he said.
He said he was happy to provide the committee with those letters and expected to get a response from the legal advisors on the legal principle.
Didiza told journalists on Friday that she has complied with the court judgment.
“I don't think, therefore, there is anything that should make anybody worry about Parliament's responsibility in discharging its role,” she said.
Didiza also said the court case was about Parliament and how it did not follow its processes in accordance with the rules.
The court found parliamentary Rule 129I to be unconstitutional and set it aside.
“It read into the rule, into the judgment, how this rule in its amendment must look like.”
She added that the Constitutional Court indicated Parliament should not have sent the panel’s report directly to the House, and ordered the process of taking it to the Impeachment Committee, which they were doing.
Didiza further said they await Ramaphosa’s court application and they would take it from there in terms of seeking legal advice and respond to it.
mayibongwe.maqhina@inl.co.za