The Star Late Edition

Media wrong to insinuate minister dodged questions

- The

LAST week several media outlets ran stories to the effect that the Minister of Internatio­nal Relations and Co-operation, Maite Nkoana-Mashabane, was “dodging” responding to questions on the incident concerning the First Lady of Zimbabwe, Grace Mugabe, and Gabriella Engels.

In the reporting, however, a number of significan­t factors were ignored.

The meetings attended by the minister were arranged well before the request for her to attend the parliament­ary sessions were made.

Given the minister’s mandate, it is not possible to simply cancel pre-arranged bilateral meetings with foreign affairs counterpar­ts, especially in view of the fact that these are part of the deliverabl­es in Dirco’s Annual Performanc­e Plan.

On September 7, for example, Nkoana-Mashabane, in addition to the meeting with her Vietnamese counterpar­t on the back end of the Brics (Brazil, Russia, India, China and South Africa business communitie­s) Summit, she was also attending the Asia Regional Heads of Mission Conference.

The minister had been more than willing to participat­e in parliament­ary processes relating to the Grace Mugabe issue.

Prior to receiving any request for the minister to brief Parliament or respond to Parliament, she herself wrote to both the Speaker of Parliament and the chairperso­n of the portfolio committee, expressing her willingnes­s to brief them on the issue.

Both the letters from the minister and communicat­ion confirming their receipt by the respective parliament­ary offices are available.

So it cannot be true that the minister was “dodging” questions since she was the one that had availed herself to respond to questions on the matter.

Although there has been criticism of the minister’s reliance on the sub-judice rule, it should be noted that the minister did take serious account of the fact that the matter was sub-judice.

It is true, as some have noted, that the scope of the rule has been significan­tly diminished under the current constituti­onal dispensati­on of deliberati­on and justificat­ion.

Even so, where any process is likely to prejudice judicial proceeding­s, such a process would fall foul of the sub-judice process.

Parliament’s role is to hold executive accountabl­e.

Any process within Parliament is therefore intended to determine whether Maite Nkoana-Mashabane appropriat­ely exercised her discretion under section 7(2) of the Diplomatic Immunities and Privileges Act.

But that is precisely the question before the court.

It does not come much closer to prejudicin­g the judicial process than that.

The DA wants to eat its cake and have it too – to have both a judicial process and a parliament­ary process at the same time.

It would be more appropriat­e to either follow the parliament­ary route first, then if unsatisfie­d with the minister’s explanatio­n, approach court or follow the judicial route first and if successful seek parliament­ary censure.

A related matter concerns the availabili­ty of the minister to respond to parliament­ary questions on September 7.

The minister had already informed the leader of government business that she would be away on official duty and that she would be unavailabl­e to personally respond to questions.

However, the rules do permit the minister to be represente­d either by one of her deputies or another cabinet minister.

The minister will be in North America from September 14 to 22 to attend the UN General Assembly High Level session in New York and the North America Heads of Mission Conference in Ottawa.

It is observed that the full portfolio committee of Parliament will be in Ottawa from September 9 to 17 on a study tour.

The minister has expressed her willingnes­s to meet the members of the committee for discussion­s of these and other issues.

What is important to note, however, is that the minister is not, at all, afraid to answer questions concerning the conferring of immunities on Mrs Grace Mugabe.

As she has expressed before, the decision was not an easy one to make but one that, in her discretion, was justified. Dire Tladi Special Adviser to Minister Maite Nkoana-Mashabane

It is not possible to simply cancel pre-arranged meetings

 ?? PICTURE: GCIS ?? PRE-ARRANGED: Minister Maite Nkoana-Mashabane with Vietnamese Deputy Prime Minister and Minister of Foreign Affairs Pham Bình Minh, on September 7 during her working visit to Vietnam.
PICTURE: GCIS PRE-ARRANGED: Minister Maite Nkoana-Mashabane with Vietnamese Deputy Prime Minister and Minister of Foreign Affairs Pham Bình Minh, on September 7 during her working visit to Vietnam.

Newspapers in English

Newspapers from South Africa