/ 8 February 2017

Zuma’s letter, Sona 2017 and the siege Parliament knew nothing about

President Jacob Zuma has brought in the army and apparently 6 000 police officers to protect him in Parliament - and journalists will be escorted by 'minders'.
President Jacob Zuma has brought in the army and apparently 6 000 police officers to protect him in Parliament - and journalists will be escorted by 'minders'.

A new concern arising from the presidency’s letter to Parliament about the controversial security measures in place for the State of the Nation address (Sona) is that Parliament’s staff have allegedly not been truthful about their knowledge of President Jacob Zuma’s deployment of 441 soldiers.

And journalists will only be able to move freely in the Sona precinct if they are accompanied by a minder, which could include a State Security Agency operative, although this has been denied.

Furthermore, it’s alleged that an additional 6 000 police officers will beef up security but Parliament said it could not confirm or deny this. 

In its letter, dated February 2, the presidency says the deployment of the South African National Defence Force (SANDF) to Parliament was done in accordance with the Constitution.

The army will assist the South African Police Service (SAPS) “to maintain law and order during the opening of Parliament”, the presidency said. 

“This employment is authorised in accordance with the provisions of section 201(2)(a) of the Constitution of the Republic of South Africa, 1996.” 

Section 201(2)(a) of the Constitution states: “Only the president, as head of the national executive, may authorise the employment of the defence force in co-operation with the police service.”

Violating the separation of powers
But concerns have grown that allowing the army to participate in parliamentary matters infringes the separation of powers. Democratic Alliance (DA) leader Mmusi Maimane said on Tuesday that the DA is seeking legal advice on the matter.

In a Facebook post, constitutional law expert Pierre de Vos responded to Zuma’s deployment of the SANDF, saying that it “appears to be a flagrant breach of the separation of powers”. 

“The executive cannot deploy the army to another branch of government – the legislature,” De Vos said.

He also highlighted that Defence Minister Nosiviwe Mapisa-Nqakula must gazette and a approve a code of conduct for a joint SAPS and SANDF operation before it can be authorised.

It is not yet clear whether these procedures were followed, but EWN reports that presidency spokesperson Bongani Ngqulunga has said that in normal circumstances the ministry requests that troops be deployed.

“Normally when the president deploys troops, the presidency doesn’t communicate on it, because the request comes from the defence department, even the request to deploy comes from them,” Ngqulunga told EWN.

“They are bound by law and the Constitution that they should ask the president when they want to deploy troops, and that’s the reason why it becomes the president’s decision.”

“There is no increased security”
Just a day after Zuma sent the letter notifying Parliament that the army would be deployed to Parliament, the secretary to parliament, Gengezi Mgidlana, told SAFM that there would be  no increased security for the Sona

“The idea of securitisation of Parliament or increased security of Parliament is false, it’s not correct and it doesn’t have foundation at all. It’s not forming part of our own thinking,” Mgidlana said.

Before the presidency announced it had sent the army to watch over Zuma’s address, journalists had enquired about media freedom during the event. In a memorandum signed by Mgidlana, it was revealed that journalists would be  confined to “media squares” and would only be able to move freely in the Sona precinct if they are accompanied by a minder. 

Mgidlana said in a press conference on Thursday that the minders would not be members of the security cluster.

“It will not be any State Security Agency (SSA), SAPS or South African Defence Force (SANDF) [officials]. If anything at all, our officials will be assisted by Government Communication and Information Systems (GCIS) officials,” he said.

But the Daily Maverick said it has seen an email where the  SSA is directly involved with the media accreditation process for the Sona

“Attached is the template with the information required by the State Security Agency for accreditation,” the email read.

It further reports that the template is similar to the media accreditation forms journalists filled in, but there was no mention of SSA on those forms.

The cost of a Sona army
In the letter, the presidency states that the cost to employ 441 SANDF members for the Sona is R204 153,60. Rumours have also emerged that 6 000 police officers will be sent to Parliament for Sona – but Mgidlana hasn’t confirmed it.

“We don’t know. We have never known, as Parliament, how many operatives are deployed outside Parliament. We can’t confirm 6 000. We can’t deny,” he said

The use of the SANDF has been described by the DA’s chief whip John Steenhuisen as “unprecedented”  while the Economic Freedom Fighters have said that the move is a “declaration of war on citizens”. 

The hightened tension around security at Sona has created further concern over what may come on Thursday evening when Zuma stands to make his speech.