The North West Provincial Legislature, having established facts pertaining to the conviction and sentencing of Mr Papiki Babuile as reported in the media statement released last week has on the 4th February 2015 informed the leader of the official opposition party, the Economic Freedom Fighters (EFF), that Mr. Papiki Babuile is no longer eligible to be a member of the legislature by virtue of the provisions of section 106(1)(e) of the Constitution.
Section 106 of the Constitution prescribes that a person automatically ceases to be a Member of a Provincial Legislature if that person is convicted of an offence and sentenced to more than 12 months imprisonment.
In terms of the correspondence at our disposal, Mr Babuile was indeed convicted for the murder of the former ANC Regional Secretary of Dr Kenneth Kaunda Region, Mr David Chika, on 26 November 2015 and was sentenced for a period of 12 years plus a further sentence of 8 years imprisonment for conspiracy to commit murder. Both sentences run concurrently.
According to the same correspondence, Mr Papiki Babuile attempted to make an application for leave to appeal but the court refused the application.
No formal documentation were furnished by the EFF showing any further steps taken by Mr Papiki Babuile on this matter safe for their submission that “his attorneys are busy with the appeal processes against the conviction and sentence”. This was despite our numerous requests for them to do so.
The Hon Speaker of the Legislature, Hon. Susanna Dantjie, after careful consideration of all facts and pertinent legal matters surrounding this matter, has concluded, as advised, that automatic loss of Membership of Mr Papiki Babuile has incurred. It is on such basis as reflected above that the Hon.
Speaker had to make a determination and communicated to the leader of Economic Freedom Fighters that Mr Papiki Babuile has automatically ceased to be a member of the North West Provincial Legislature effective from the date of his appeal being refused by the court.
Mr Papiki Babuile has immediately ceased to enjoy all benefits and entitlements including remuneration he enjoyed as a Member of the Legislature. It goes without saying that the North West Provincial Legislature reserves all and or any of its rights to recoup all monies already paid to Mr Papiki Babuile after automatic loss of membership incurred.
The Speaker will conduct a Press Conference on the matter on Wednesday, 11 February 2015.
Enquiries:
Tebogo Chaane
Cell: 072 330 9494
Tebogo Chaane
Spokesperson: Office of the Speaker
Cell: 076 332 8270
Tel: 018 392 7000
E-mail: chaanet@nwpl.org.za
