Gupta citizenship secret safe for now
CONFUSION AROUND SUB JUDICE RULE Home affairs director-general fails to appear before portfolio committee.
South Africans may have to wait for former home affairs minister Malusi Gigaba to account for his granting the politically connected Gupta family early citizenship through naturalisation.
This was revealed yesterday during the portfolio committee on home affairs sitting when the EFF’s pending court action – to rescind Gigaba’s decision – arose and questions swirled about whether the matter was sub judice.
Parliament’s legal services advocate, Anthea Gordon, noted National Assembly’s Rule 89, which stated no member may reflect upon the merits of any matter upon which a judicial decision in a court of law is pending because possible conflict could arise.
Portfolio chairperson Lemias Mashile then tried to shut down the inquiry. But Pieter Mulder of the Freedom Front Plus said there was “no way” Rule 89 could trump the constitution.
“We cannot be in a position where parliament cannot do oversight in terms of the constitution, because we have our own rule which prohibits us from doing exactly that,” Mulder said. “It’s also not clear the court case has been filed.”
The EFF did not respond to requests for information.
General irritation marked the failure by home affairs director-general Mkuseli Apleni to appear before the committee to explain the “hard facts” of the Gupta’s “early naturalisation”.
According to Mashile, Apleni was apparently briefing a National Chamber of Provinces committee elsewhere in parliament, despite being the first item on the portfolio committee’s agenda.
The DA’s Haniff Hoosen said the committee should insist Gigaba and Apleni appear before it as early as possible. –