Speaker called police into Parliament - court papers

This allegation against Mbete, which contradicts Police Minister Nathi Nhleko's claim that it was he who called the police into the house, is one of many in an urgent application by the EFF to the Western Cape High Court in Cape Town. The court has been asked to rule on whether Mbete is suitable to hold her office. At a media briefing shortly after the 21 August incident, Mbete said she had been surprised at the police's arrival in the chamber. In his affidavit, Malema said Mbete had been biased in her handling of the debate on 21 August as she allowed ANC MPs to make statements without her recognising them, as is required. She did not rebuke ANC members for making statements without recognition, but when EFF MPs tried to make statements, she stifled their attempts. He also said that Mbete, as national chair of the ANC, was politically compromised, and was unable to act impartially when debates concerned her party leader, Zuma. The report quotes constitutional law expert Pierre de Vos as saying he would be very surprised if a judge ruled on whether or not Mbete was competent to hold office. 'That could be seen as interfering by one arm of government in that of another. The judge would have to rule on whether she had applied the rules of Parliament correctly, as that is a basic tenet of law. Parliament has the powers to remove the Speaker, not the courts,' he said. Full Business Day report (subscription needed)

The EFF also wants the court to review and set aside the Powers and Privileges Committee's guilty verdict for its 'pay back the money' fracas. A Cape Argus report notes the committee's report found 20 EFF MPs, including Malema, guilty of contempt of Parliament - and suspending without pay 12 of the 20 MPs for between 14 and 30 days, and fined the others the equivalent of 14 days' salary. The court papers argue that the National Assembly 'failed to carry out or fulfil its obligation' under the Constitution to hold the executive accountable, and to maintain oversight, in relation to the Nkandla security upgrades and Public Protector findings. And Mbete had failed to ensure the National Assembly carried out its constitutional mandate, the court papers argue. 'It is declared that Ms Baleka Mbete is not suitable to hold the position of Speaker of the National Assembly. The National Assembly is directed to take appropriate steps to initiate proceedings for the removal of Ms Mbete as Speaker of the National Assembly, forthwith,' says the notice. Full Cape Argus report

The case is set to be heard on Wednesday, notes a report on the IoL site. 'Notice of motion, among others, to interdict Parliament for suspending the salaries and allowances of 20 EFF Members for their role in disrupting proceedings of the National Assembly... was served yesterday (Monday),' Parliament said in a statement noting its intention to oppose the application. Full report on the IoL site