AUDP barred from making submissions to Parly committee
LOBAMBA – Members of the African United Democratic Party (AUDP) were barred from making submissions to a Parliament committee because they presented themselves as a political party.
The members of the political party had intentions to make submissions on the Elections (Amendment) Bill, 2023, and the Voters Registration (Amendment) Bill, 2023 but their intentions did not yield fruit, owing to their desire to make submissions as a party, not as individuals.
Section 25 (1) (2) of the Constitution, which the political party Secretary General (SG), Sibusiso Dlamini highlighted, depicts that a person has the right to freedom of peaceful assembly and association.
Hindered
“A person shall not, except with the free consent of that person, be hindered in the enjoyment of the freedom of peaceful assembly and association, that is to say, the right to assemble peacefully and associate freely with other persons for the promotion or protection of the interests of that person,” reads the Section.
The members of the party were advised that constitutionally, political parties were not recognised in the country, hence it would procedurally be unacceptable for them to make submissions while under the umbrella of an institution that was not recognised.
Coincidentally, the political party members made their way into Parliament with former Secretary to Cabinet Mbuso Dlamini, who was in his individual capacity with the intention to make submissions on the two Bills piloted by the Ministry of Justice and
Constitutional Affairs. All persons were given the chance to introduce themselves by the Chairman of the Ministry’s Portfolio Committee and Kwaluseni Member of Parliament (MP) Sibusiso Mabhanisi Dlamini.
The SG introduced his team as members of the AUDP. something that the chairman said was not in accordance with Parliament procedures when one wished to make submissions on a Bill.
This was when the SG of the party argued that political parties were recognised by the supreme law of the country, and there was no provision of the Constitution that was banning the existence of the political parties.
He also asserted that to his knowledge, government required that political parties be registered entities.
However, his argument did not appease the legislator, who argued that the only way they could be allowed to make submissions in Parliament was when they did so as individuals, not as a political party. MP Dlamini maintained that political parties were constitutionally not recognised in the country.
“As I sit on this chair, I am empowered by the Constitution and I follow its dictates while executing my duties. It is the supreme law of the country that depicts that political parties do not exist in the country and as such, I kindly request that you follow what I am requesting from you,” submitted the legislator.
Submissions
Prior to that, EBC Legal Officer Lungile Magagula also shared advice, stating that it would be a good thing if the political party members made their submissions as individuals to avoid any conflicts with the Constitution.
The SG insisted that the Constitution was not against political parties in the country.
Sithobelweni MP Bhekitje Dlamini later intervened and called the SG to order for referring to MPs
‘bekunene’, which he said was not procedural in Parliament. “The members of the party should have it at the back of their minds that they have come to Parliament to make submissions before parliamentarians and they should address us in a proper way,” he said.
The MP then proceeded to say that as much as they made their entrance with the former secretary to Cabinet, they were not together as he had come as an individual and he then suggested that since he was the first to step into Parliament, he should be allowed to make his submissions and the members of the political party be excused.
The MPs, together with the representatives of the Elections and Boundaries Commission (EBC), then engaged in a 15-minute caucus after Dlamini had made his submissions. They later recalled everyone back into the House.
The chairman of the committee, again, relayed to the members of the political party that the only option on the table for them to make submissions was when they did so as individuals not members of a political party. When the AUDP SG persisted, the Kwaluseni MP also insisted that Parliament would not hear anything from them if they maintained that they would make submissions as a political party.
Individuals
“Take your status of AUDP and leave it by the gate and soon after you make your submissions as individuals, then you will recommence with your status. Whatever you wish to submit here, do it as individuals because the term ‘political party’ does not exist in this House,” he submitted.
The legislator also advised the members of the political party not to digress from the business of the day, which was to make amendments on the two Bills. The reminder came after the SG spoke about making amendments to the Constitution.
MP Princess Phumelele intervened on the matter, just when the members of the political party were seemingly ready to conform to the advices given by the chairman of the committee. She wondered what difference it would make for the political party members to make submissions as individuals if they had initially caucused on the submissions as a unit under the umbrella of the political party.
“They crafted the document as a unit and if they are going to share the ideas among each other now to present them as individuals, what difference is it going to make?” she wondered. Dlamini suggested that the political party members should furnish the MPs with proof that indeed they were a fully-registered political party and that was the only way they could be allowed to make their submissions as a political party rather than individuals.
Withdrew
The chairman of the committee then withdrew the offer for the political party members to make their submissions as individuals and suggested that they should go back to the beginning and register with the clerk to Parliament as individuals not as a political party.
He shared that the committee would be in Parliament today and they would be ready to hear their submissions, on condition that they did not come to the House as a political party but as individuals.
The meeting was then adjourned but the SG did not make any commitment that the AUDP members would do as advised. The displeased SG had his document containing the submissions rejected by the chairman of the committee, who shared that he would not accept it because it was labelled ‘African United Democratic Party’.
“I would have gladly accepted it if it was labelled an individual, not the name of the political party because that would be against Parliament procedures,” MP Mabhanisi said.