Jaspreet Kindra
Tensions between Mpumalanga Premier Ndaweni Mahlangu and Fish Mahlalela have spilled over in an extraordinary Constitutional Court challenge by the premier to his former MEC.
The case highlights deepening conflict between the executive and the legislature in the province. Now an ordinary MPL, Mahlalela was removed as local government MEC by Mahlangu in March last year.
At issue is the Mpumalanga Petitions Bill, introduced by Mahlalela as chair of the petitions, public participation and private members legislative proposals committee of the legislature last year. Among other provisions, the law would enable members of the public to ask the legislature to investigate corrupt practices in the government.
At a recent African National Congress caucus meeting, Mahlangu chastised Mahlalela, without directly naming him, for introducing the Bill without consulting the party.
According to a copy of the speech, Mahlangu asked: “Is it proper for a non-executive member to promulgate a Bill and make regulations under the said Bill?”
Mahlangu’s objection is that the Bill vests the power to promulgate the Act in the Speaker of provincial assembly, William Lubisi, and gives him the right to issue regulations under it.
Mahlalela came in for a further tongue-lashing in the caucus because of an earlier call for an open day for the public to interact with the provincial Cabinet. Mahlangu also questioned the legislature’s move to set up judicial commissions of inquiry without consulting the ANC caucus.
Mahlangu’s spokesperson Sibusiso Shube maintained that the premier had taken the Bill to court “to seek clarity” on the role it proposed for the Speaker. Mahlangu believed it was inconsistent with the Constitution.
Shube said before the matter had gone to court, the Bill had been re-submitted to the legislature for consideration, with the provision that the premier should promulgate the Act. The legislature insisted that the Speaker should be entitled to promulgate the Act and make regulations.
The matter was heard by the court on August 17 and judgement has been reserved.