Former Speaker Nosiviwe Mapisa-Nqakula is off the hook after the Powers and Privileges Committee dropped an investigation against her for allegedly inflating the salary of the Secretary to Parliament, Xolile George.
The salary of George was doubled from R2.6 million to more than R4.4m a year.
This led to the official opposition to file a complaint with the Powers and Privileges Committee to investigate Mapisa-Nqakula.
But Parliament’s legal adviser Andile Tetyana told members of the committee on Wednesday that now that Mapisa-Nqakula resigned as both speaker and member of parliament, the committee has no jurisdiction to investigate her.
He said the committee was tasked to investigate cases involving serving members of parliament.
Acting chairperson of the committee, Mankentsi Tlhape, said they agree that the matter was now moot and the investigation would be dropped.
DA chief whip, Siviwe Gwarube, had asked the committee to conduct an investigations into the allegations against Mapisa-Nqakula.
But Tlhape said the legal advice was clear that the committee can only probe cases related to members of the national legislature.
“I think there is an agreement that as this committee we derive our mandate from the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act of 2004. It has been indicated that the affected member has resigned both as a speaker and member of parliament, hence we agree to (drop) this matter. We don’t have jurisdiction over it anymore. That is how this committee will conclude on this matter. We are where we are, let us put this matter to rest. We don’t have jurisdiction,” said Tlhape.
She said members of the committee should put the matter behind them.
Tetyana said the committee lacked jurisdiction to investigate Mapisa-Nqakula because of the fact that she resigned.
“The committee’s jurisdiction is limited to members of the National Assembly. The former speaker resigned as both the speaker and member of the assembly on April 3 and thus the committee no longer has jurisdiction over her. This committee lack the authority in law to haul her before it because she is no longer a member of the assembly,” said Tetyana.
ANC deputy chief whip Doris Dlakude said she agreed with the legal advice tabled that the committee no longer has powers to probe matters outside of the national legislature.
Mapisa-Nqakula was no longer a member of parliament. Dlakude said the matter fell outside of their scope.
DA deputy chief whip Annelie Lotriet said parliament had taken a decision to appoint George on wrong and incomplete information.
She said they cannot accept the fact that the matter was now moot because Mapisa-Nqakula has resigned.
Another ANC MP Zola Mlenzana said there was no need to go against the legal advice given to the committee.
He said the committee can only investigate members who are in parliament, and not those who have resigned.
siyabonga.mkhwanazi@inl.co.za
Politics