Matambo beats Parly on Fengyue probe
Lerato Maleke | Friday January 30, 2015 16:35
The report was adopted by Parliament in July 2013. Soon after, the Minister of Finance and Development Planning, Kenneth Matambo approached the High Court seeking to declare the adoption of the report unlawful and invalid. He also sought an order to expunge the report or certain sections from the official records of Parliament. Matambo wanted a declaration that the commission’s proceedings were unlawful in so far as they related to him, and that they be set aside. “It is declared and ordered that the proceedings of the committee, its findings and or report that was adopted on 25 July 2013 by the National Assembly in so far as it concerned the applicant, are hereby reviewed and set aside,” Dingake said this week.
Matambo’s lawyers had argued that the proceedings of the committee did not comply with the rules of natural justice, and that they intruded on the functions falling beyond the mandate of Parliament.
“The applicant contends in effect that although he was a witness, he in practice occupied a status akin to that of an accused and that it was therefore essential for the committee to observe the principles of natural justice,” the judge said.
Matambo also contended that a witness in an inquiry that implicated him in wrongdoing is entitled to particulars of the alleged misconduct so that he can meaningfully respond, but he was not accorded that opportunity.
The minister argued that the fact that the committee was a parliamentary one did not absolve members from observing the principles of natural justice.
Dingake pointed out that the National Assembly Powers and Privileges Act did not prohibit any individual from complaining about breach of the principles of natural justice and legality.
He said that the review did not in any way intend to undermine the constitutional mandate of Parliament to legislate, or regulate its internal affairs. He said the review is in accordance with the Constitution, which granted all citizens a right to access courts.