Winnie hasn't won yet

2003-04-02 23:44

Marlene Malane

Cape Town - The approval of the interim court order on Tuesday by the High Court to Winnie Madikizela-Mandela to prevent parliament from publicly chastising her could hardly be considered a victory by the ANC MP.

It was simply the first round of the "fight" between Mdikizela-Mandela and speaker Frene Ginwala, the ethics committee and parliament.

That's according to Anwar Albertus, acting on behalf of Ginwala, the ethics committee and parliament.

He says the true test of parliament's integrity will only take place on April 14, when the High Court rules if Madikizela-Mandela should be granted a final court order preventing Ginwala from rapping her over the knuckles in the national assembly for misconduct.

This follows an ethics committee report on August 21 last year which indicated punitive action would be taken against Madikizela-Mandela for offences including poor attendance of parliamentary activities such as committee meetings.

She only attended four out of 76 sittings last year, and apparently only showed her face in parliament every few months for an hour or so.

Another alleged offence was her failure to disclose additional income - a requirement under parliamentary rules. She also faces charges of theft and fraud of about R1 million.

Parliament accepted the report on November 13.

Albertus added the application to be heard on April 14 would be a "stricter test" than Tuesday's urgent application, in which Madikizela-Mandela stated Ginwala, the ethics committee and parliament had "malicious intentions" and had attacked her integrity.

Albertus said this time these issues would not be relevant. The only relevant issue is if parliament had violated sub judice by taking her alleged criminal offences into account.

The hearing will only continue on April 22, as well as the nemo judex in siua causa rule, which determines whether the parliamentary ethics committee, investigating the allegations against her, could also serve as her "judge".

On Tuesday less was required for her to silence parliament. Her reasons will have to be considerably stronger when the court hears the application for the final court order.

Ginwala's spokesperson Luphumzo Keben said on Wednesday the speaker did not wish to comment at this stage and would wait for the court's decision.

- Die Burger