The Cape High Court dismissed with costs on Friday ANC MP Winnie Madikizela-Mandela’s bid to stop National Assembly Speaker Frene Ginwala publicly reprimanding her.
The reprimand was recommended by Parliament’s joint ethics committee after it last year found she had not disclosed some R55 000 a month in donations and a financial interest in the Winnie Mandela Family Museum in Soweto.
The ethics code says 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.
The committee’s recommendations against Madikizela-Mandela were adopted by the National Assembly in November last year.
The existence of the donations emerged during bail proceedings when Madikizela-Mandela, who is also president of the African National Congress’ Women’s League, appeared on fraud and theft charges in October 2001.
She was subsequently found guilty in the Pretoria Regional Court on Thursday on 43 counts of fraud and 25 of theft, and on Friday sentenced to five years in jail. One year of the sentence was suspended for five years.
In the Cape High Court case, Madikizela-Mandela contended that the way Parliament dealt with the complaint against her was ”grossly irregular, unlawful, unfair, unreasonable and accompanied by malice and ulterior motives”.
She said information from her bail hearing was sub judice, and could not be used until the trial was finalised, and that the ethics committee could not act as both prosecutor and arbiter.
She also wanted the court to set aside the ethics committee’s recommendation that she be docked five days’ pay.
In their judgement on Friday, judges Hennie Nel and Jerome Ngwenya said the ethics committee did not publish matter concerning judicial proceedings.
It merely acted upon a statement made by Madikizela-Mandela during her bail application, and the sub judice rule thus did not apply.
The fact that the record of bail application formed part of the record of the subsequent criminal proceedings did not change the bail proceedings into the subsequent trial proceedings.
”Bail proceedings are a clearly defined process which begins and ends at a particular juncture.” Judges Nel and Ngwenya also rejected Madikizela-Mandela’s contention that she did not receive a fair hearing in the committee.
Thus, the application was dismissed with costs, including the costs of two counsel, they said.
The ruling now allows Ginwala to go ahead with the ethics committee’s recommendations — publicly reprimand Madikizela-Mandela in the Assembly and dock five days of her pay.
This is likely to happen after Parliament reconvenes on May 12. – Sapa