The EFF has asked National Assembly Speaker Thoko Didiza to overturn the election of Malusi Gigaba’s replacement, despite previously calling for his removal over corruption charges.
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The Speaker of the National Assembly, Thoko Didiza, has confirmed that the election of ANC MP Mzimasi Hala to replace Malusi Gigaba as co-chairperson of Parliament’s Joint Standing Committee on Defence was not procedurally correct.
This comes after the EFF called on Didiza to overturn Hala's election, arguing the process was illegal, despite it calling for Gigaba’s removal for months.
The EFF said it wants ANC MP Mzimasi Hala’s election declared unlawful and of no force and effect, saying Parliament failed to follow its own rules before proceeding to fill Gigaba’s position.
Gigaba was replaced during a meeting on Wednesday, after the ANC relieved him of his responsibilities, sparking a dispute among committee members over whether the correct procedures had been followed.
In an urgent letter to Didiza, EFF Chief Whip Nontando Nolutshungu said the party believed the meeting had been convened and conducted in violation of Parliament’s Joint Rules.
In response to Nolutshungu’s letter, Didiza confirmed her office had not received any formal communication from the ANC regarding the change in membership for Gigaba.
“I also did not receive a letter of resignation from Dr Gigaba himself,” the letter read.
Didiza said that while the Joint Rules do not explicitly require publication in the Announcements, Tablings, and Committee Reports (ATC) of the change in membership status of a co-chairperson of the Joint Committee, the appointment of members is required to be published.
“The election of a new co-chairperson is published in the ATC to ensure transparency. I agree that the pending review of the Joint Rules, for publication in the ATC, is consistent with the constitutional principle of openness,” Didiza said.
Didiza said she would refer the matter brought to her attention to the rules committee.
“I agree that the purported change in the membership status of Dr Gigaba without any formal communication is not procedurally correct. The question of whether the change to the status of a co-chairperson must be published in the ATC should be considered by the Joint Rules Committee. Hence, I will refer this matter accordingly,” Didiza said.
The EFF asked Didiza to declare Hala’s election unprocedural, irregular and unlawful.
Didiza responded, stating: “The purported election to replace Dr Gigaba as the co-chairperson would have to follow the receipt of such formal communication. Pending that process, the status quo prior to the meeting on September 2 remains."
The EFF also called for committee co-chairperson Phiroane Phala to be censured, accusing him of allowing the process to continue despite objections from members.
“We are particularly perturbed by the conduct of the Joint Chairperson, Hon. Phiroane Phala, who railroaded members of the Committee and insisted on the continuation of the meeting notwithstanding the serious procedural disputes raised by various members of that committee,” Nolutshungu said.
In response to this, Didiza said: “I cannot comment on your request concerning Hon. Phiroane Phala, MP, as he is co-chairperson of the component of the National Council of Provinces of the Joint Committee”.
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