Following a number of articles in various media, we would like to put on record certain facts surrounding the walkout from the National Assembly by members of Cope and the Democratic Alliance
During the debate on the State of the Nation Address on 15 February 2010, Mr M George (Cope) accused the President of “deliberately leading the nation into lawlessness”. An objection was raised by Mr C Frolick (Whip of the African National Congress). The Deputy Speaker, presiding at that time, undertook to study the Hansard with a view to giving a considered ruling on the matter.
The following day, 16 February, the Deputy Speaker reported to the House that the statement of Mr George constituted an unsubstantiated allegation impugning the integrity of a member, namely, the President.
It has been quoted in the media that the ruling was given with reference to Rule 66. At no time did the Deputy Speaker make reference to Rule 66, this rule prohibits members from reflecting upon the competence or honour of a judge or certain other persons.
As a matter of fact, the ruling was made in terms of rule 63, a rule which pertains to offensive and unbecoming language and in its application prohibits members from casting aspersions on the character of another member (including the President), except by way of a substantive motion.
This ruling is neither unprecedented nor unusual in the context of parliamentary proceedings. It is, in fact, the norm in most democratic Parliaments that the Speaker or Presiding Officer protects members from personal attacks by other members. This protection is extended across party lines, in our Parliament too.
The Deputy Speaker, in her oath of office, undertook to uphold the Constitution and its principles, including members’ right to freedom of speech. In terms of Section 58 of the Constitution members do have freedom of speech. This right, however, is not absolute. It is limited by the rules of the National Assembly, made in terms of the powers granted to the House by the Constitution and agreed by all political parties.
Issued by: Parliament of South Africa
22 February 2010
Source: Parliament of South Africa (http://www.parliament.gov.za/)
