TEMPERS FLARE DURING MOTION TO OUST MP MARWICK

LOBAMBA – Yesterday’s sitting in the House of Assembly was unceremoniously ended as tempers flared, resulting in the Speaker, Petros Mavimbela, exercising his powers and adjourned the House sine die (until further notice). 

The issue at hand was none other than the contentious motion which was moved by Hosea Member of Parliament (MP) Mduduzi Bacede Mabuza, calling for the disqualification of veteran Lobamba Lomdzala MP, Marwick Khumalo, as a legislator. 

‘Point of Order Speaker’ was the phrase of the day as a majority of the MPs wanted to be heard. 

It was just around 5:45pm when MP Mabuza read Motion 24/2020, calling for the Minister of Justice and Constitutional Affairs, Pholile Shakantu, through the Elections and Boundaries Commission (EBC) to disqualify the Lobamba Lomdzala MP. 

Supported 

He was supported by Maseyisini MP Mduduzi ‘Small Joe’ Dlamini. Just after MP Mabuza had read the private members motion, Kwaluseni MP Sibusiso Mabhanisi Dlamini stood on a point of clarification. 

MP Mabhanisi said he wanted to know if such matters were allowed to be deliberated in the House and if they were not encroaching on the rights of the forums of other arms of government, in particular the Judiciary. 

He said the issue of MP Khumalo, who was charged with an offence mentioned under the Prevention of Corruption Act No.03 of 2006, was before the courts. “Since it is before the courts, then allow that body to finish the process,” said the Kwaluseni MP.  He added that by qualification, no one in the House of Assembly qualified to remove another member.  He cited Section 101 (1) (b) of the Constitution, which he said stated that a parliamentarian could only be disqualified from the House if the High Court ruled in that manner. 

Before MP Mabhanisi could finish his submission, MP Mabuza was already on his feet with a point of order.  The Kwaluseni MP submitted that he was not directing his point of clarity to Mabuza, but to the Speaker and Minister Shakantu. 

However, MP Mabuza said he greatly respected the Kwaluseni MP, but the latter was jumping the gun and should have listened to him as the mover first because he engaged on issues that he, as mover, was probably not going to discuss. 

Submissions 

“He must wait for me to motivate my motion and then he can make his submissions because now he is telling me that I will mention court issues, yet he does not know where my debate is headed,” said Mabuza.

The Speaker however, directed that MP Mabhanisi should finish making his statement. “This matter is before court and the matters that the mover has cited are before the court, there is no way that we can then debate them in the House,” he said. 

However, Ngwempisi MP Mthandeni Dube interjected and said the Kwaluseni MP should allow the mover to finish making his submissions, then they could debate the matter. Dube was supported by Nkwene MP Vulimpompi Nhleko.

However, the Kwaluseni MP said he had no problem that the House debate the issue, but said they should not set a bad precedent by debating matters which were before the courts. 

Manzini South MP Thandi Nxumalo then also got to her feet and said she was supporting the Kwaluseni MP’s submission, taking it from the manner in which the motion was written on the Order Paper.  “He is only seeking clarity on whether we are allowed to debate this matter and that is where I stand as well,” she said. 

MP Nxumalo said she wanted to know if they were doing the right thing. 

“Yena loloyifake la ku (even the person who included the matter here) Order Paper because he was not supposed to even put it here in the first place,” further said Nxumalo.  At this point, many MPs were on their feet and the Speaker had a tough time deciding whom to point at first. He said they should give MP Mabuza the opportunity to move the motion.  However, Mntfongwaneni MP Roy Fanourakis was again on his feet, stating that the House had an attorney general (AG) whom the questions could be directed to. 

Resolved 

He said the AG should have been given the floor so that the matter could be quickly resolved. 

The Speaker said MP Fanourakis was raising a valid point that the House had an AG who was mandated to advise it. At this point, the Hosea MP was constantly on his feet indicating that he wanted to speak. 

However, Mavimbela submitted that when they wanted to discuss matters pertaining to the law, the AG was the only one in the country who could advise, be it in Parliament or Cabinet. 

“I know you want to speak, but allow the AG to apply himself in the matter,” said the Speaker. 

The MPs, however, insisted that they wanted to make their submissions before the AG gave his advice.  

The Speaker insisted that it was crucial to listen to the AG’s advice. 

Meanwhile, in the motion, Mabuza had called for the Justice and Constitutional Affairs minister to implement the provisions of the motion within 48 hours of its adoption. 

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