Former Parliament Speaker Nosiviwe Mapisa-Nqakula has dodged the bullet after the National Assembly’s Powers and Privileges committee concluded to drop investigations against her for allegedly inflating the salary of the Secretary to Parliament, Xolile George.
The complaint, brought by DA Chief Whip, Siviwe Gwarube, alleged corruption and misconduct against Mapisa-Nqakula. The latter resigned last week amid mounting allegations.
Committee cited jurisdiction issues
On Wednesday, the committee cited its mandate under the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act, 4 of 2004. It clarified that it only has jurisdiction over current members of parliament (MPs). Mapisa-Nqakula resigned from her position as an MP. As a result, the committee concluded that it lacks the authority to further investigate the matter.
“The committee received a legal opinion from the Parliamentary Legal Services. …It states that the mandate of the committee extends only to members of parliament. This in terms of the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act, 4 of 2004. Therefore, when a person ceases to be a member of parliament, the committee has no jurisdiction to consider a matter related to that person.
“The committee has no jurisdiction to investigate the complaint by the Chief Whip of the Opposition. …This is due to the fact that the former Speaker resigned as a member of parliament,” the committee said.
Allegations of corruption and money laundering
Mapisa-Nqakula’s resignation came amidst accusations of graft. Reports allege that she was involved in corruption and money laundering amounting to over R4-million, This during her tenure as defence minister. Following her resignation, she surrendered to authorities and was subsequently released on R50,000 bail.
DA reacted to Parliament’s decision. Annelie Lotriet, a DA MP and deputy chief whip, expressed the party’s support for the recommendation. These were made by the Initiator appointed by the Powers and Privileges Committee.
The recommendation suggested that Mapisa-Nqakula be investigated for contempt of parliament. This is particularly in relation to allegations of irregularly increasing the salary of the Secretary to Parliament, Mr Xolile George. It was increased by nearly 70% shortly after his appointment.
Lotriet highlighted the timeline of events. She stated that the charges against Mapisa-Nqakula were initially referred to the committee in November. They were referred by the Deputy Speaker of the National Assembly.
Ex-speaker resigned a week before she was to be probed
Following a thorough process, the Committee sent a letter of summons to Mapisa-Nqakula, who was required to respond by March 4. Subsequently, Advocate Karrisha Pillay SC was the appointed Initiator. Pillay found a prima facie case warranting investigation and a subsequent hearing on March 25 2024. This was just a week before Mapisa-Nqakula’s resignation.
During the committee meeting, Lotriet said members of the ANC reportedly argued against proceeding with the investigation. They cited jurisdictional issues stemming from Mapisa-Nqakula’s resignation. Lotriet criticised this stance, asserting that it perpetuates a culture of impunity.
“This morning during the meeting of the committee, the members of the ANC chose to sustain their culture of impunity. They fought to protect the former speaker and the appointment of Mr George based on a misleading remuneration package. They argued that the committee does not have the jurisdiction to proceed with an investigation.
“This since Mapisa-Nqakula is no longer a member of parliament. …We are in the process of considering options in terms of Sections 7 and 8 of the same Act [used to protect her]. The Financial Management of Parliament and Provincial Legislatures Act, and the Assembly Rules. [We will use these] to take this investigation forward,” she said.
Mapisa-Nqakula accused of misleading members of the assembly
Lotriet emphasised that Pillay’s finding of a prima facie case underscores the DA’s long-standing belief that Mapisa-Nqakula misled members of the assembly.
“The fact that Ms Mapisa-Nqakula resigned before she could be held accountable neither absolves her. Nor does it get to the bottom of the alleged irregular hiking of Mr George’s salary. This by extension the Executive Authority of Parliament. Mr George is still serving as the Secretary to Parliament, and the Executive Authority must be held accountable.”
