Winnie's reprimand on hold

2003-03-19 09:32

Cape Town - The African National Congress believes it would be unwise to proceed with plans to publicly reprimand Winnie Madikizela-Mandela now that she has a court date for her legal action against parliament.

ANC parliamentary spokesperson Vusi Mahaye said on Wednesday the party believed National Assembly speaker Frene Ginwala should hold off imposing the penalty, pending the ruling of the Cape High Court.

On Tuesday night, Madikizela-Mandela's lawyers told parliament they had secured April 14 for her legal challenge against the institution.

Madikizela-Mandela wants the court to rule that she was not given a fair hearing by parliament's joint ethics committee, who last year found her guilty of contravening the code of conduct.

"We cannot proceed. Whatever action we take would be subject to the decision of the court. It would be an unwise thing to do," said Mahaye.

However, the ANC was awaiting an opinion from parliament's lawyers on the issue, he said.

Ginwala was not available for comment.

Ginwala last week gave Madikizela-Mandela until March 20 to appear in the assembly to be censured.

Matter set down for court

This meant she would have had to appear on Wednesday, the only day left this week in which a plenary sitting is scheduled in the house.

However, Madikizela-Mandela's lawyer, Votani Majola, said on Tuesday night he had spoken to the registrar of the Cape High Court, who had told him the matter would be set down for April 14.

"We have instructed our correspondents in Cape Town to set the matter down for then. We have also informed parliament of this position.

"It is three weeks from now. If Parliament stills insists on proceeding against my client - notwithstanding the latest development - it would clearly indicate malice on the part of parliament and we will obviously deal with that in court."

Madikizela-Mandela was found guilty of failing to disclose substantial donations and business interests in the register of members' interests.

The ethics committee's recommendation was unanimously adopted by the National Assembly in November last year.

Madikizela-Mandela was the first MP to be found guilty under the code and she was fined half-a-month's salary, as well as a public reprimand by Ginwala.

The code states that members must disclose all gifts, hospitality, sponsorships and benefits valued at more than R350, as well as shares and financial interests in companies and other corporate entities.

ANC backs censure motion

Madikizela-Mandela failed to turn up at any of the committee's hearings, which were held behind closed doors by a multiparty investigating panel.

However, her lawyers claim she was not accorded a fair opportunity to give her side of the story as she was ill at the time of the hearings. They argue that her constitutional rights were violated.

Ginwala last week said she would proceed with imposing the fine against Madikizela-Mandela, who, despite her legal challenge, had not served papers on parliament.

The ANC also backed Ginwala's plan and wrote to Madikizela-Mandela, telling her to attend a parliamentary session so that she could be censured.

Madikizela-Mandela's criminal trial in the Pretoria regional court on fraud and theft charges resumes on April 22, a week after her civil action against parliament.

- SAPA