Mbabane: Hosea Member of Parliament Mduduzi ‘Bacede’ Mabuza’s obsession to oust Lobamba Lomdzala MP Marwick Khumalo got him excused from the House Assembly for the day’s business on Wednesday.
MP Mabuza was told to leave the august house by the Speaker Petros Mavimbela after he was reluctant to listen to the Speaker’s directives regarding his motion. Apparently MP Mabuza was not satisfied by the way his motion is being handled in the house.
Mabuza wanted a chance to debate his motion regardless of Attorney General (AG)’s advice to the house that Mabuza’s motion is impossible to be debated as it is a court pending case. Khumalo gave his constitutional opinion when the motion was brought to the house for the second time on September 21. The matter was first brought to the house on September 16.
Wednesday, October 7, sitting on the matter went ugly as Mabuza told the Speaker that he would not leave the house as he is the mover of the motion. He was heard saying in vernacular, “Loko ngeke kwenteke, angiphumi la!” and this can be loosely translated as “That will not happen, I am not going anywhere!”
Speaker insisted that Mabuza must respect him as the Speaker and also respect the house and leave. Mabuza went out of the house for less than a minute and banged the door back to the house. Upon his return he told Speaker that he did respect Speaker and went out now he is back but Speaker Mavimbela insisted that Mabuza must leave the house for the day.
The situation went sour as MP Mabuza insisted that he would not leave the house until he hears what the Speaker would do to his motion, either he is pulling it out totally or it will be back to the house some other day.
Endzingeni Member of Parliament Lutfo Dlamini said if MP Mabuza is told to leave the house his motion must not proceed until he gets back to the house.
Eventually, MP Mabuza excused the house and could not be available for the rest of the sitting.
Meanwhile during the second phase of the matter AG Khumalo told the house that the matter that it is still pending in court, Chief Justice, Prosecutor with the help of the Director of Public Prosecution should give their reports which will then grant the Minister of Justice and Constitutional Affairs power to disqualify ay Member of Parliament. AG Khumalo said for that reason Minister of Justice cannot disqualify any Member of Parliament.
Initially Mabuza moved that the Minister of Justice and Constitutional Affairs Pholile Shakantu through the Elections and Boundaries Commission (EBC) disqualify Lobamba Lomdzala MP Khumalo as his stay in office was against the provisions of the laws governing both qualification and disqualification for one to stand for elections.
The grounds for disqualification of Khumalo were based on Sections 96 and 97 of the Constitution which provides the mandatory disqualification to stand for elections of Members of Parliament and disqualification of such.
Also cited was the Elections Act of 2013 contemplated by Section 88 which applied to Khumalo who was charged with an offence mentioned under the Prevention of Corruption Act of 2006.
The Act further stipulates that such matters should be treated with urgency and should be finalised by the Judiciary system within a period not longer than 12 months, failing which the candidate would be disqualified.
The minister through EBC was called upon to implement the mandatory provisions of the Act without favour or partiality. She was further directed to carry out the above matter within 48 hours after adoption of the motion.
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