THE EFF MPs appearing before Powers and Privileges committee are not there to help the committee prove its case.
EFF spokesman Sinawo Thambo, Natasha Ntlangwini, Anthony Matumba, Tseko Mafanya, Babalwa Mathulelwa, Paulnita Marais, Naledi Chirwa, Mothusi Montwedi, Yoliswa Yako, and Khosi Mkhonto all face several charges, including disruptive conduct, preventing security services from making an arrest, and referring to President Cyril Ramaphosa as a "money launderer" during the budget vote on 9 and 10 June 2022.
Mfesane Ka-Siboto who represents the 10 MPs, told the committee on Tuesday, 16 January, that one of the accused, Mkhonto, was not in the Chamber when the incident happened.
The National Assembly (NA) secretary Masibulele Xaso had told the committee the charged members refused to leave the Chamber when NA Speaker Nosiviwe Mapisa-Nqakula asked them to leave.
Mfesane Ka-Siboto wanted to know how Mkhonto could have possibly refused to leave when she was not physically there.
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“Had they (committee) properly applied their mind, at some point, it should have been noted that Mkhonto is not guilty of at least charge three,” said Ka-Siboto.
Charge 3 is that the member refused to leave the Chamber when the Serjeant-at-Arms requested her to leave.
Xaso replied: “The committee did apply itself. They might have been misidentification of a person but the committee did apply its mind. It was a genuine omission.”
Initiator Tanya Golden SC interjected and wanted to know if it was Mkhonto’s version that she was not in the Chamber the whole time.
Ka-Siboto said it was the version of the committee that she was in the Chamber and his client had no onus of burden to assist the initiator.
Xaso said instead of leaving, the members crossed the floor and went to the isle of the House where the mace.
He said this was not permitted.
“The House was in sitting. That is why it is an extreme violation of decorum. Anything could have happened to the mace while this was happening,” he said.
The mace is a symbol of the authority of National Assembly and is carried into the Chamber by the Serjeant-at-Arms and announces the arrival of the Speaker of the National Assembly.
It signifies that the House is formally in session and that its proceedings are official.
The hearing will resume on a date to be announced.
