The Powers and Privileges Committee of Parliament has recently stated that it is unable to investigate former National Assembly Speaker, Nosiviwe Mapisa-Nqakula.
This decision comes after the committee received a legal opinion from the Parliamentary Legal Services, which concluded that it does not have the jurisdiction to investigate non-members of parliament.
The complaint against Mapisa-Nqakula was filed by the Democratic Alliance (DA) following reports last year that Parliament’s Secretary, Xolile George, received a significant salary increase to R4.4 million per year. The maximum salary for the position of Secretary to Parliament is R2.6 million per year.
The DA’s complaint requested an investigation into Mapisa-Nqakula’s alleged involvement in the salary hike.
However, despite her resignation as National Assembly Speaker and Member of Parliament (MP), the DA believes that the investigation should continue, as there is still a lack of clarity regarding how the salary increase was approved by the two executive authorities.
The DA argues that Mapisa-Nqakula should still be considered a person of interest in this investigation, and her resignation as an MP does not exempt her from potential consequences.
If she is found to have contravened the Powers, Privileges, and Immunities of Parliament and Provincial Legislatures Act, she may even face criminal charges as an “ordinary” member of the public.
The DA also calls for the Chairperson of the National Council of Provinces (NCOP) to investigate this salary scandal. They believe that corrective measures need to be put in place to ensure accountability.
However, the Powers and Privileges Committee has now clarified that its jurisdiction only extends to current members of parliament. Therefore, once a person ceases to be a member, the committee no longer has the authority to consider any matters related to that individual.
Despite this setback, the DA is determined to pursue the investigation. They are currently exploring options under the Powers, Privileges, and Immunities of Parliament and Provincial Legislatures Act, the Financial Management of Parliament and Provincial Legislatures Act, and the Assembly Rules to move the investigation forward.
The DA emphasizes that Mapisa-Nqakula’s resignation does not absolve her, or the executive authority of parliament, from accountability. Furthermore, Xolile George, who is still serving as Secretary to Parliament, must also be held accountable for the alleged irregular salary increase.
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