Issued by: Gauteng Legislature After the Sitting of the Gauteng Legislature on Thursday, 12 September 1995, the Speaker of the Legislature, Trevor Fowler states the following:
I regret that three out of seven parties decided to walk out of the House based on my ruling to continue the debate on the Education Bill.
Certain Clauses of the Education Bill are currently being contested by members of those parties as being unconstitutional in a petition lodged on 7 September 1995 in accordance with Section 98(9) of the Constitution. The petition however refers to numbered clauses in the Bill which are not included in the Bill as introduced nor agreed by the Standing Committee on Education. Clarity was sought from the petitioners regarding these clauses to ensure that the request made of the Constitutional Court is in accordance with its Rules of Access. The request to the Constitutional Court has therefore not been executed and consequently has not been registered before the Constitutional Court.
Firstly under the Rules of Court a matter is before the Court only once it has been registered. The Point of Order regarding the matter being subjudicae in terms of Standing Rule 72, is clearly not applicable. As a result I overruled the Point of Order raised.
Secondly, Rule 72 refers specifically to members refraining from comment on matters pending before the courts, which actually interferes with the proper administration of justice. Clearly in this instance the debate on the Education Bill will in fact not interfere with the administration of justice for the following reasons. a) Rule 13(3) of the Constitutional Court recognizes that debate will continue because it states that the Speaker shall "forward to the Registrar the relevant extracts of the debate in the relevant legislature pertaining to the request." (Government Gazette, No 5450, January 1995)
b) The House agreed unanimously that the context in which Rule 72 above was adopted, is as follows: "There is a distinction made between litigants in a criminal and civil trial and constitutional issues such as legislation. It was deemed that the latter is at the heart of political differences and should be debated". (Rules Committee Report adopted by the Gauteng Legislature, 5 September 1995).
I am committed to free and open debate within the legislature and had previously presumed that all parties were also committed to free and open debate as recognized in Section 135(2) of the Constitution and 69(2) of our Standing Rules. It is regrettable that the committment to free and open debate and the authority of the Speaker were questioned by the members walking out.
Rule 1 of the Standing Rules of the House provide for mechanisms to deal with objections to a ruling. A walk-out politicises the Office of the Speaker and fundamentally threatens free and open debate.
Issued by the Office of the Speaker, Gauteng Legislature. Contact Mr Trevor Fowler at 082-565 4211) Private Bag X52, Johannesburg 2000. Tel: (011) 498-5555 Fax: (011) 498-5999