Chief Justice Raymond Zondo has amended the rules for the first sitting of the National Assembly, National Council of Provinces and Provincial Legislatures.
The first sitting of the two Houses of Parliament is scheduled for Friday, June 14 and Saturday, June 15.
Item 9 of Part A of Schedule 3 of the Constitution empowers Zondo to make rules prescribing the procedure for the election of the President of South Africa, Speaker and Deputy Speaker of the National Assembly, Chairperson and Deputy Chairperson of the National Council of Provinces, Premier of a Province, Speaker and Deputy Speaker of a Provincial Legislature.
On Thursday, Zondo said that he would be changing Rule 8 and the addition of Rules 9, 10, 11 and 12.
Specifically, Zondo said that Rule 8 would be replaced with the following:
This new rule shall apply to any procedural matters not provided for in these Rules which are relevant to the business of the day.
“A question of procedure may be raised, with the presiding officer's leave, by a member or, in the event of an election under these rules in the National Council of Provinces, a head of a provincial delegation on behalf of a delegation, and seconded by another member or by a head of another delegation on behalf of such other delegation, as the case may be,” he noted.
“If he or she considers it necessary or desirable in a particular case, the presiding officer may permit a discussion of the question and may limit participation in, and the duration of, the discussion in such manner as he or she thinks fit,” he added.
A question of procedure posed by a member and seconded by another member in terms of this Rule must firstly address a procedural matter in relation to the proceedings to which these rules apply; and must be raised at the earliest opportunity.
Order of proceedings
Zondo noted that all members must conduct themselves in an orderly manner and may not engage in conduct that impedes proceedings.
“If the presiding officer is of the opinion that a member is refusing to abide by the rules, or is deliberately creating disorder, he or she may order the member to leave the Chamber immediately for the remainder of the sitting,” he added.
Zondo said that if a member refuses to leave the Chamber when ordered by the presiding officer, the presiding officer may call upon the Legislature's designated Protection Services to assist in removing the member from the Chamber.
The Chief Justice explained that the presiding officer may suspend proceedings in the event of the removal of a member from the Chamber, if proceedings are suspended to remove a member, all other members must remain seated or resume their seats unless otherwise directed by the presiding officer.
In the event of violence ensuing as a result of a member resisting removal, Zondo said the presiding officer may suspend proceedings, and members of the security services may be called upon to assist with the removal of identified members from the Chamber; provided that the Security Services may intervene directly anywhere when there is immediate danger to the life or safety of any person or damage to any property.
Armed Protection Services
The Chief Justice said that when entering the Chamber on the instruction of the presiding officer, members of the Legislature's designated Protection Services may not be armed and members of the Security Services may not be armed, except in circumstances when there is immediate danger to the life or safety of any person or damage to any property.
Order and decorum
Zondo said that if at any stage of the sitting, the presiding officer forms the opinion that one or more members are, either individually or collectively, behaving in a manner that is either designed to disrupt the sitting or to prevent, or unduly delay, the finalisation of the business of the day, he or she may order such member or members to leave the Chamber for the remainder of the sitting.
Should such member or members refuse to leave the Chamber after the presiding officer has made such an order, the presiding officer may call upon the Legislature's designated Protection Services to assist in removing the member or members from the Chamber, Zondo further explained.
Unacceptable language and gestures
The Chief Justice said that no member may use offensive, abusive, insulting, disrespectful, unbecoming or unacceptable words or language, nor offensive, unbecoming or threatening gestures.
Lastly, Zondo said that should any issue or matter arise during the sitting which is relevant to the business of the day but is not provided for in these Rules, the presiding officer shall have the power to deal with it as he/she deems fit.
IOL NEWS