New policy will target tweeting MPS
Postings from Parliament may still be libellous
‘ If a member sits in the house or a committee and sends out tweets, does the whole parliamentary privilege apply?’
SOUTH Africa’s highflying politicians may have embraced social media with abandon, but many could find themselves reined in — at least while they are working.
Politicians such as Western Cape premier Helen Zille share just about everything with their followers — including a lengthy series of tweets involving being bitten on her toe by a rat while she fetched the morning newspaper. So enthusiastic was Zille to prove her injury that she posted a photograph of her injured digit, accompanied by: “Oh ye of little faith, who want to see a pic b4 you believe. Here it is even tho I badly need a pedi.”
But whereas Zille and people such as Cosatu’s Zwelinzima Vavi can tweet with unfettered enthusiasm, others, like the DA ’ s Lindiwe Mazibuko, might soon find themselves curbed.
As the party’s parliamentary leader, Mazibuko recently found herself in hot water after tweeting from parliament during a National Assembly sitting.
ANC MPs were irked by Mazibuko — who can hardly let a day go by without taking to Twitter — complaining about Travelgate accused Ruth Bhengu being delegated to debate the contentious Gauteng freeways e-tolling system.
“To defend Gauteng e-toll legislation in Parliament the ANC sends Ruth Bhengu, an MP convicted in Parliament’s notorious travelgate scandal,” tweeted Mazibuko to her more than 50 000 followers.
Mazibuko ’ s remarks were seen as potentially libellous, because Bhengu had not been convicted by a judge or a magistrate in a court of law.
Bhengu entered into a pleabargain with the National Prosecuting Authority to bring an end to fraud charges stemming from her role in parliament’s travel voucher scam.
Parliament has now decided to implement a social media policy. MPs are protected by parliamentary privilege when in the National Assembly or committee meetings, allowing them to make statements — and even accusations — without the fear of facing civil litigation.
But whether such privilege extends to postings on social media sites done in the safety of the National Assembly, or a parliamentary committee, is now a matter of debate.
ANC member Cedrick Frolick, the house chairman responsible for committees, has now been tasked with drafting policy on the usage of social media networks by MPs during National Assembly sittings.
Frolick said parliament had undertaken a review of its rules on social media to stem the tide of an increasing number of ministers and MPs who use their tablets and smartphones to inform people about proceedings in the National Assembly or the deliberations taking place during parliamentary committee meetings.
He said the question that needed to be asked was whether these serial tweeters — and those posting on Facebook and similar sites — could use parliamentary privilege as a defence if they were found to have defamed others with their postings.
“If a member sits in the house or a committee and sends out tweets, does the whole parliamentary privilege apply?
“From the initial discussions that we have had, that is a huge question mark because you don’t know what this member is tweeting or posting. So that member is ultimately personally responsible for it.”
The statements MPs make in the House or their comments during the deliberations of parliamentary committees are captured in Hansard — a record of printed transcripts of parliamentary debates.
But it would be difficult to record in the Hansard the material that MPs post on social networking sites.
“If they put information out there, they must take responsibility for it, because if you put information in the public domain about what is happening in parliament and it is not a true reflection of what is going on, then you must expect that people are going to expose you for giving wrong information,” Frolick said.
DA chief whip Watty Watson said he always encouraged members of his caucus to be careful about what they say on social networking sites, especially posts that may be deemed libellous.
ANC caucus spokesman Moloto Mothapo said the advent of social media warranted a revisit of parliamentary rules and code of conduct.
“Not only for the purpose of preserving the integrity and decorum of the institution, but also to sensitise MPs on the legal perils associated with the use of new technology,” he said.
Acting Cabinet spokesman Phumla Williams said there was no social media policy in place for ministers. She said one did exist for civil servants, but there were no immediate plans to extend it to ministers.
Mazibuko could not be reached for comment.