National Assembly Speaker Baleka Mbete has warned two MPs they will need Parliament’s permission to give evidence in the Schabir Shaik trial, currently under way in Durban.
Mbete said on Wednesday it had been reported that former public accounts committee chairperson Gavin Woods of the Inkatha Freedom Party and Independent Democrats leader Patricia de Lille might be called as state witnesses in Shaik’s trial.
In general, members of Parliament were not prohibited in law from giving evidence before a court or administrative tribunal, she said.
However, if they gave evidence on the records of proceedings, or the evidence given before, or any document submitted to Parliament, or any of its committees, certain legislative provisions came into effect.
Section 10 of the Powers, Privileges, and Immunities of Parliament and Provincial Legislatures Act provided that such members first obtain the permission of the House of Parliament concerned.
If the relevant House was not sitting, the Speaker of the National Assembly or the Chair of the National Council of Provinces, as the case might be, or a person delegated by them, could grant such permission.
“Failure to obtain permission may render a member guilty of contempt of Parliament in terms of the above Act.”
“The purpose of this provision is to ensure that Parliament is in control of its internal arrangements, proceedings, and procedures, and the manner in which members and staff communicate these outside of Parliament, as provided in the Constitution,” Mbete said.
Meanwhile, Shaik pleaded not guilty to all charges against him as his fraud and corruption trail got under way in the Durban High Court on Wednesday.
Judge Hillary Squires asked Shaik to stand up, enquiring whether he had received the notification of the charges and if he understood what was in the document.
Shaik replied: “Not guilty to all such counts as presented to me.”
Before Shaik was asked to plead, Squires said he needed to clarify a few issues about the court case.
He said the trial was not a commission of inquiry into the arms deal and that Deputy President Jacob Zuma was not on trial.
The judge added it was premature and unfair to reach conclusions based on the state’s summary of its case.
Meanwhile, some journalists who were barred from entering the court room, were involved in discussions with officials in a courtyard outside the court.
They had arrived too late to receive a limited number of newly-introduced security tags, which had already been taken up by other journalists and members of the public.
Shaik, who is Deputy President Jacob Zuma’s financial adviser, faces two counts of corruption and one of fraud.
These stem from alleged payments to Zuma in return for support for his business interests, and what the National Prosecuting Authority says was a bribe to Zuma related to the arms deal. – Sapa
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