MP issue to be finalised

2008-09-03 14:10

Cape Town - The issue of whether MPs probed by the Scorpions during the so-called "Travelgate" scandal should participate in legislation to disband the unit will be finalised next week.

The two bills dealing with the dissolution of the Directorate of Special Operations (DSO) are being processed by the National Assembly's justice and safety and security committees.

Addressing a meeting of the committees on Wednesday, justice committee chairperson Yunus Carrim said a multi-party sub-committee had considered the issue and reached agreement in some respects.

"We think that the broader issues raised are quite complex and challenging and we think, given the limited time at our disposal, we should avoid rushing into any policy decisions and setting a precedent that will be the basis on which Parliament will operate," he said.

Therefore, when the committees reported to Parliament on the bills, they would include a request that the next Parliament, within 24 months of its new five-year term, "apply its mind as to what the meaning of the rules are in regard to a conflict of interests and spell out Parliament's policy on this issue".

Carrim said all parties had further agreed that the constitutional rights of individuals be respected and they be considered innocent until proven guilty.

"Fourthly, there is a consensus... that it would be unfair and unreasonable to suggest that 250 or so people whose names have appeared on various lists should recuse themselves from participation in this process.

"Especially as the four travel agencies that are accused... of fraud or corruption or whatever, all those who were their clients, their names were submitted to the Scorpions and many of those people did nothing wrong.

"So you could have had Nelson Mandela, and Mahatma Ghandi, and Mother Theresa, and Martin Luther King on that list. It's just absurd that people of that calibre should be recusing themselves," he said.

It was agreed that at issue were the people who had pleaded guilty and made plea bargains, been found guilty, or were actually facing trial at the moment.

In this regard, there were only two MPs so affected in the committees considering the bills.

"Both of them have recused themselves, not for legal reasons, but because the ANC has decided it's politically necessary to do so, only in so far as, at this stage, as it applies to processing the bills.

"The issue that we have not reached agreement on is there's a further 13 people who the NPA (National Prosecuting Authority) investigated, but decided not to proceed with action against... and referred it to a parliamentary committee... that is looking at those cases," Carrim said.

A proposal had been made that Parliament's ethics committee consider whether there was a conflict of interests in this case, but no final decision had been taken yet.

The Speaker's office and the Chief Whip's office had also indicated they did not believe it was appropriate to recuse MPs.

Whatever decision was eventually reached on this, the matter would have to be finalised by Tuesday or Wednesday next week, Carrim said.

- SAPA