Parliament Refuses to Provide Records of Decision to Exonerate Malema

ActionSA has received written communication from the Acting Secretary to Parliament refusing to provide access to the submissions made by Mr Malema or the record of decision of the Committee that exonerated Malema for his remarks encouraging illegal immigration.

This followed a PAIA application filed by ActionSA requiring the submissions by Malema and the record of decision by the Joint Committee on Ethics and Members Interests to exonerate Malema by concluding that his remarks were “open to different interpretations.”

The remarks in question were made by Malema at an EFF press conference on 14 January 2021 in which he said:

“So let the borders be open and if the gates are not going to be open for SADC, fellow SADC people please find a creative way this is your home, your families are here. There is no ways anyone is going to close you out here. Lesotho and Free State are one thing, Mpumalanga and Swazi land are one thing, North-West and Botswana are one thing, Limpopo and Zimbabwe are one thing. What is the point, there is no point at all…”

The link to the remarks can be viewed here.

In refusing ActionSA’s application, the Acting Secretary to Parliament based his decision on the confidentiality of Malema’s representations to the Committee and the discussions of the Committee being held in confidence.

ActionSA finds it astonishing that our South African parliament and its committees are being used to shield Malema from the consequences that any MP should face for openly advocating for the breaking of South Africa’s laws that they are sworn to uphold.

The finding of the Committee to believe Malema’s remarks “were open to interpretation” are ridiculous and the fact that Malema enjoys the protection of this multi-party committee is an afront to the rule of law in South Africa.

Why is it that a Parliament that is meant to be for the people of South Africa is refusing requests for information relating to its records of decision and how it came to the decision to exonerate Malema?

Why is Malema now hiding behind legal procedure when he was so brazen in his promotion of illegality before?

These are questions that ActionSA will not stop asking.

ActionSA will exercise a right of appeal to the Executive Authority as well as a complaint to the Information Regulator. Should these avenues not produce justice for the people of South Africa, and should Malema continue to receive the protection of our government, we will approach the courts.

South Africa is a society that is beset by lawlessness.

Our citizens face this reality every day. Illegal immigration is a serious problem in our country that requires leadership that would never excuse a member of parliament advocating for people to enter South Africa illegally.