From :Clive Rubin
To: Chair Mr S L Tsenoli of the Portfolio Committee On Local &
Provincial Government and all committee members,
Would the Portfolio Committee please take the following into consideration;
Was 12th Amendment Constitution act (and related acts incl; Cross
Boundary Municipal repeal act) ever passed?
The facts: Votes for 265 (altered 266, no signature appended) votes against 65.
As stipulated In the Constitution - an Amendment to the Constitution requires
267 votes or a two thirds majority. When the 12th Amendment to the
Constitution act and the cross boundary municipality repeal act came before the
National Assembly on the penultimate sitting of 2005, according to both the Voting
Summary and the Hansard, the figure announced and recorded by both, never
exceeded the figure of 266 votes (with 65 against).
According to the Hansard, this figure was repeated twice, yet It is one vote
short of the minimum required and the figure of 267 or above was never
mentioned.
At some stage either before or after the Chair added her vote, as is permitted,
the electronic printout with a printed figure of 265 was manually altered and
an additional vote was added going from an Insufficient 265 to a critical 266
It entirely but irregularly altered the outcome. This is not in conformity with
the rules of parliament and in breach of practice (recognized, routine and
best). The rules of parliament (Rule 88) entities changes to be made but
stipulates that the signature of the Whip "must" appear - It does not
feature anywhere on the voting summary (copy provided).
The rules of parliament have been ignored and the role of law has been
disregarded
It is - however - accepted practice that In the event of a voting console not
functioning, that if announced to the chair and presiding officer and the
entire house -any unrecorded votes can be added. Yet there is no mention or
documentation demonstrating that either an mp, whip (chief or other), the chair
or any office bearer announced or was Informed that any or a member was unable
to vote on 15/11/05, during or after the vote took place or at any other time.
Recently (and not uncommonly) when as the current minister of Housing (the Hon.
L. Sisulu) was unable to record a vote that merely needed a simple majority to
be carried, the minister in question, still felt the need to inform the deputy
speaker that she had been unable to cast her vote and this was duly noted
(Public service administration amendment vote 2007).
(Should the committee wish, other similar examples can be furnished to the
committee).Yet in this case, being a far more sensitive issue involving the
amending of the Constitution, that depended and turned on a single vote to make
a difference between happening or not proceeding to the NCOP, no announcement
was made and no one in the house was informed and yet the Voting Summary was
altered regardless and unannounced.
If the rules of parliament are not followed, then they are being broken (Regardless
of the Public Protectors, legally non-binding, contortions and contentions). It
would set a precedent that would allow any shortfall, concerning any vote, in
the future, to be made up simply by compiling a tally of names, of allegedly
non voters, to ensure that any vote could be passed regardless of the figure
captured by the electronic voting summary. It is hoped that all members would
disapprove and abhor this prospect.
At issue is whether the National Assembly abides by the rules it has drawn up
for itself or whither it can foreswear the rules and ignore the law when making
the law or altering the Constitution or merely when it so pleases.
What sort of example can the citizenry be expected to follow, if the law makers
Ignore their laws and rules. By imposing this illegitimate act it has forced
peoples otherwise well disposed to the elected government to oppose it. This
cannot have been the Intention of the amendment and related acts
Is there a recording in the house?
Despite repeated requests telephonically, then written as per requests from the
National Assembly, then written on my behalf (Public Protector), then requested
by the Parliamentary Monitoring Group, then latterly In conjunction with the
Freedom of Expression Institute a legal request was delivered via the -
Promotion of Access to Information Act (PAIA, 27/6/7) to the National Assembly
and yet to date, despite all these entreaties, no extant filmed recording of
the vote In the National Assembly has been forthcoming - a further and final Internal
review request now has been lodged with the National Assembly (4/9/7) and
consistent with the PAIA.
Once again It is requesting a copy of the (routinely) filmed vote, that
continues to be withheld. If the recording continues to be withheld, there is
the prospect that the National Assembly will be, in due course, Judged to be in
contempt of the PAIA. Effectively denying this committee and all the members
who sit on it too - an opportunity to view, the recording of a vote that many
participated in.
Why? Has the National Assembly something to hide?
The question remains as to whether the correct procedure or any procedure was
in place when the 12th amendment was voted on in the National
Assembly and what exactly transpired on the 15/11J5.
Would the committee consider that;
The 12th Amendment never happened because iIt fell short of the
Constitutionally required two thirds and no recording of the events surrounding
the vote exists In the National Assembly. It then follows that all subsequent
votes In the NCOP, rulings, amendments and all related articles, laws and bills
simply never existed too and have no home here In records of Parliament and are
similarly Invalid. Similarly on the 23rd of December when enacted by acting
President Z Skewyla the 12Amendment was sigend "Ultra Vires".. As the
12th Amendment was not, in the first place properly procedurally passed on
15/11/05.,
I hope that the committee will take Into consideration all the above
pronouncing on the Cross Boundary Municipal repeal act and related articles.
C Rubin.
Documents:
Voting summury 15/11/5
Hansard
15/11/5
PAIA - Internal Appeal 4/9/7