Under fire Nosiviwe Mapisa-Nqakula’s ‘special leave’ raises more questions

National Assembly Speaker Nosiviwe Mapisa-Nqakula announced that she had decided to take special leave from her position as Speaker of the National Assembly immediately to protect the integrity of Parliament

National Assembly Speaker Nosiviwe Mapisa-Nqakula announced that she had decided to take special leave from her position as Speaker of the National Assembly immediately to protect the integrity of Parliament

Published Mar 26, 2024

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National Assembly Speaker Nosiviwe Mapisa-Nqakula’s decision to take special leave could be an attempt by her to cling to her salary and other benefits linked to her position.

This is the view of political analyst Professor Sipho Seepe after Mapisa-Nqakula took special leave, although it is not provided for in the rules of Parliament.

“Taking leave of absence means that you remain in the employ of the state and you can draw a salary,” Seepe said.

On Thursday, Mapisa-Nqakula announced that she had decided to take special leave from her position as Speaker of the National Assembly immediately to protect the integrity of Parliament and ensure its sacred duty and its name continue unblemished after the National Prosecuting Authority’s (NPA) Investigating Directorate raided her house as part of its probe into alleged corruption against her.

She said she had communicated her decision to Secretary of Parliament Xolile George and President Cyril Ramaphosa as well as the ANC.

Her decision prompted the DA to submit a motion of no confidence that is expected to be debated and voted on before the House rises.

DA chief whip Siviwe Gwarube said the rules of Parliament did not make provision for special leave taken by a member by a unilateral decision.

“Special leave is only granted by a full sitting of the House, through a formal motion that is adopted in terms of rule 36(2) of the National Assembly rules.

“Alternatively, a member may be granted five days special leave with approval from their political party,” Gwarube said.

GOOD Party secretary-general Brett Herron said the special leave did not exist.

“I think it requires her to resign, rather than have a motion of no confidence to remove her,” Herron said. According to parliamentary rules, an MP’s absence from Parliament during a parliamentary session, other than during a formal recess or resulting from the member’s suspension in terms of these rules and orders of the House, must be approved by the member’s political party in Parliament.

“The period for which leave may be granted to a member by the member’s party, other than maternity leave and parental/adoption leave as provided for in the approved attendance policy, may not exceed 15 consecutive sitting days in a session.”

Seepe said Mapisa-Nqakula may have chosen not to resign for fear that this may be read as an admission of guilt.

“It is clear that she intends to fight charges preferred against her,” he said.

“Cases such as this one take months if not years to be resolved.

“Taking leave of absence is as good as having resigned if one considers that this administration is left with only two months,” he added.

Seepe said one would have thought that if one faced such serious charges, the ANC’s step-aside rule would kick in.

“What is clear is that the step-aside rule is used to settle factional battles.

“The ANC will not be hasty in dealing with this matter.

“Doing so will expose its double standards,” he said, adding that the ANC did its best to shield Ramaphosa on Phala Phala.

The ANC had said that it would enforce its integrity and step-aside policies based on the facts as they arose.

Seepe added that Mapisa-Nqakula should just step down rather than being forced to resign and a motion of no confidence tabled against her.

“There is nothing for her to gain by remaining as the Speaker.”

Cape Times