What the EFF is wrong with the Parliament Powers and Privileges Committee looking into charges against Malema et al ?

2014-10-08 09:03

Nemo judex in sua causa ?

There is a principle in law that you can never be a judge in your own cause and yet this seems to have taken place when the majority in the Parliament Powers and Privileges Committee comprise of ANC members who were present at the time when the EFF allegedly broke the rules of conduct when they engaged in conduct that breached those rules.

And so they were summonsed to appear before that committee to answer charges and to argue why they should not be penalized.

I have a problem with this. I am no admirer of Mr Malema or the EFF but I am a votary of the Constitution and the principles enshrined therein which I shall briefly elucidate herein below.

The ANC majority in that committee, set up to prefer charges, are potential witnesses for the prosecution and therefore they are conflicted as their very presence in the committee creates a real sense of bias that Mr Malema raised by way of a lengthy statement released to the public and which is easily accessible on the website of politics webs. If you read that statement, love him or hate him,Mr Malema eloquently put the EFF’s case forward as to why they would not be participating in that enquiry.

Permit me to quote verbatim what Mr Malema stated.

“ What kind of a Judge can appear before a committee before they are familiar with the charges that are going to be tabled against accused people? What justice are we pursuing here?

We are of the view that this committee should not proceed with the disciplinary processes which you intend to embark on, because as members of opposing political parties, you are all conflicted and are in no position to arrive at a fair and just conclusion.

Majority of you in this committee are members of the ANC, which from the 21st of August has been calling for a harsher sentence against members of the EFF, in response to the developments of the 21st of August 2014.”

If the Speaker of Parliament decides to act precipitiously we are going to look at a constitutional court, once again reminding Parliament, as it did in the case between Patricia De Lille and the Speaker of Parliament ( I think) that we are a constitutional democracy premised on the principle of rule of law as well as fairness and impartiality if the “justice” that Mr Malema extols is to be pursued.

What the EFF is going on?

So I reiterate What the EFF is wrong with the Parliament Powers and Privileges Committee looking into charges Malema et al ?

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