The National Assembly's top official has conceded the disciplinary committee investigating the violent actions of Economic Freedom Fighters (EFF) MPs may have incorrectly accused one of the party's members as being part of a group that disrupted a House sitting in 2022.
On Tuesday, the Powers and Privileges Committee continued its disciplinary process against the group for disrupting the House on 9 and 10 June 2022 when President Cyril Ramaphosa delivered the Presidency's budget vote speech.
The group faces charges of contempt of Parliament, among others.
Under cross-examination, National Assembly Secretary Masibulele Xaso was peppered with questions about the validity of the committee and whether the charges were in fact correct.
The main bone of contention was whether EFF MP Constance Nonhlanhla Mkhonto was present in the House on 10 June 2022 - the day of the alleged offence.
Arguing for the EFF, advocate Mfesane Ka-Siboto said Mkhonto was not in the National Assembly on the day. "The member that I saw was Ms Mkhonto," Xaso replied.
Ka-Siboto further argued his point. "I am telling you that was not Ms Mkhonto," he said.
Xaso then added he would have to identify the MP.
"If it is not her, then it is not her. If it is not the member, then she would have been improperly charged.
"I will have to verify things because as far as I thought, to the best of my ability, that was the member," Xaso said.
Ka-Siboto asked Xaso whether he would want to retract naming Mkhonto.
"When I said it was Ms Mkhonto, it was because I believed it was Ms Mkhonto. I accept that I may be incorrect. If it is not Ms Mkhonto, then it is not her. That I accept," he said.
The 10 EFF MPs are Anthony Matumba, Tseko Isaac Mafanya, Babalwa Mathulelwa, Paulnita Marais, Naledi Chirwa, Sinawo Tambo, Mothusi Kenneth Montwedi, Yoliswa Yako, Mkhonto (whose attendance is now in question), and Natasha Ntlangwini.
On 9 and 10 June 2022, the National Assembly convened for the Presidency budget vote, delivered by Ramaphosa, but was subjected to repeated points of orders by EFF MPs who later clashed with security officials.
The sitting descended into chaos when several EFF MPs were violently removed from the chamber, preventing Ramaphosa from proceeding with his speech for hours.
On 10 June 2022, during Ramaphosa's reply to the speech, matters worsened when female EFF MPs fought with female security officials.
At the same time, their male counterparts threw punches and resisted being ejected.
National Assembly Speaker Nosiviwe Mapisa-Nqakula ordered the removal of the EFF MPs following their disruptive conduct and for repeatedly raising points of orders over Ramaphosa's presence in the National Assembly.
Allegations that female EFF MPs were touched on their private parts as they were removed from the Parliamentary chamber and the assault of Parliamentary Protection Services (PPS) were also of concern at the time.
However, in August last year, independent investigator advocate Elizabeth Baloyi-Mere, who probed allegations from EFF deputy president Floyd Shivambu and counter-allegations from PPS personnel, found there was no evidence of gender-based violence or sexual harassment during the removal of EFF members from Parliament.
Both legal teams are now expected to discuss dates for when proceedings will resume.
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