Political parties represented on Parliament’s ethics committee were on Monday asked to oppose African National Congress (ANC) MP Winnie Madikizela-Mandela’s legal action against Parliament.
ANC MP and committee chairman Luwellyn Landers officially informed members on Monday that Madikizela-Mandela was suing National Assembly Speaker Dr Frene Ginwala, the ethics committee and Parliament.
Summons was served on Parliament on Friday.
”I am of the view that the committee should oppose the application and join the action of the Speaker and Parliament.”
In order to do so, members were required to consent in writing, and to the appointment of state attorney and a senior advocate to represent the committee, Landers said.
The National Assembly last month unanimously endorsed a recommendation by Parliament’s ethics committee that Madikizela-Mandela be severely reprimanded by Speaker Dr Frene Ginwala, and fined R12 500, for failing to disclose information in the register of members’ interests.
The committee found Madikizela-Mandela guilty of contravening Parliament’s code of conduct for failing to disclose donations of R50 000 a month to supplement her monthly income, as well as her financial interests, in the Winnie Mandela Family Museum.
She is the first MP to be found guilty under the code. This states that members must disclose all gifts, hospitality, sponsorships and benefits valued at more than R350, as well as shares and financial interests in companies and other corporate entities.
Madikizela-Mandela failed to turn up at any of the committee’s hearings, which were held behind closed doors by a multi-party investigating panel. Among the reasons given, but not accepted by the committee, was that she was sick.
Her lawyers say her constitutional rights were violated and that she was not given the opportunity to present her side of the story.
In a letter dated August 16, other lawyers acting on her behalf, noted that the panel had elected to proceed ”in the absence of our client to make certain findings”.
”We should point out that we have recorded specific legal problems to which the panel did not respond. Please consider that the ruling may not accord with probity.”
In the letter the lawyers said that Madikizela-Mandela was ill and ”physically unable to consult with us since mid-July 2002”.
Madikizela-Mandela was unable to attend any hearings in person until further notice.
Attached to the letter was a medical certificate by a Dr Lumanda Mbuyamba, who said he had examined her on July 19 and August 12 and that she was unfit to work for the period July 19 to August 31 due to illness.
ANC Chief Whip Nathi Nhleko said last week that Madikizela-Mandela, who was rarely present in the Assembly this year, had been granted extended sick leave. – Sapa