COURT STOPS PARLY FROM PROBING SPEAKER MSIBI
MBABANE – Parliament has been interdicted from proceeding with the investigation of suspended Speaker Themba Msibi.
A full bench comprising Principal Judge Stanley Maphalala sitting with Justices Qinisile Mabuza and Mumcy Dlamini made the ruling yesterday.
Msibi’s lawyer, Zweli Jele, moved an application that the select committee constituted to investigate Msibi should be stopped from carrying on pending finalisation of the matter in court.
Jele said the matter was of an intense constitutional nature and parliament should give the court time to deal with it.
He said it was imperative that parliament should respect the court and wait until the matter had been finalised.
Jele further said since the matter touched on intense constitutional issues, especially on how the speaker should be treated, it should not be rushed as it appeared to be the case.
“The proper approach is to wait until the court has made its pronouncement on the matter. They have to respect the court and wait until the matter is concluded. They should stop whatever they are doing in parliament to give the court time to deal with the matter,” Jele submitted.
Judge Mabuza asked Zonke Magagula, who appeared on behalf of parliament, why his clients did not restrain themselves from proceeding with the investigation of the speaker since the matter is before court.
Mabuza wondered what would happen if the court found against parliament since they were continuing with the investigation. “Isn’t it better for them to wait?” asked Mabuza.
Magagula, after applying for a short adjournment to seek instructions from his client, said the implication was not that parliament was above the law.
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