National Assembly Speaker Dr Frene Ginwala’s decision to proceed with a public reprimand of ANC MP Winnie Madikizela-Mandela despite a legal challenge was tantamount to contempt of court, Madikizela-Mandela’s lawyer said on Wednesday.
”I will take instructions from my client,” said Votani Majola.
He was reacting to news reports that Ginwala had sent Madikizela-Mandela a letter giving her 10 days to provide Parliament with a date when she would be able to attend a sitting of the National Assembly, so that she could be reprimanded.
Madikizela-Mandela was the first MP to be found guilty by her peers last year of contravening Parliament’s code of conduct, and was fined half a month’s salary. Her penalty also included a public reprimand by Ginwala.
”It’s shocking and upsetting that Parliament can act in this way. If the matter is pending before the court, all actions against my client must cease. It is contempt of court, the matter is on record before the High Court,” Majola said.
He also argued that the matter was sub judice, although the matter has yet to be assigned to a judge and no court date has been set.
Papers had been served and lodged in court.
Majola last year sent a letter to Parliament asking that it hold off acting against Madikizela-Mandela, as she intended to challenge the matter in court.
An angry Majola warned that if Parliament went ahead, it should be aware of the consequences.
”If they want to defy the same law they made for the people, then we’ll deal with the situation.”
Earlier on Thursday, Ginwala acknowledged that Madikizela-Mandela had asked for the penalty not to be enforced pending the outcome of her court case.
However, there was no court order to this effect and so Parliament could proceed, Ginwala said.
Madikizela-Mandela alleges that she was not given a fair hearing by Parliament’s joint ethics committee, who found her guilty without hearing her side of the story.
The committee, however, says Madikizela-Mandela snubbed it on at least two occasions. She later claimed she was ill at the time.
The Democratic Alliance (DA) and the New National Party (NNP) on Thursday called for Madikizela-Mandela to quit Parliament, following reports that she had only attended four sittings last year and attended no committee meetings. – Sapa