Advocate Norman Arendse on Wednesday withdrew as an initiator in a disciplinary hearing involving EFF MPs charged for disrupting parliamentary proceedings in August 2022.
The recusal of Arendse took place as the attorney of EFF MPs asked for further documents and a postponement of a hearing planned for Wednesday and another involving others that refused to be addressed by President Cyril Ramaphosa during a budget debate in June last year.
Arendse was appointed early in June to draft the charges and initiate the complaint for the powers and privileges committee, which disciplines MPs. “Since the date of my appointment by Parliament to do this job, I was appointed as chairperson of the UCT council.
“It is an unpaid job but involves a lot of work and interaction with constituencies,” he said.
Arendse also said he has reflected on his appointment as the disciplinary hearing initiator after taking advice and guidance from various people, including some senior counsels and senior colleagues at UCT.
“I decided in the circumstances it is best I withdraw from the matter and I will respectfully request the committee to release me as the initiator in this matter,” he said.
Arendse said he was aware that Parliament would have to start the process of looking for his replacement but he noted his personal situation may involve political implications as “the matter raises unique complications for me”.
“There may be some allegations that I have taken sides politically, which of course is not the case. That perception will be there and will haunt me and I don't think the university and the university council, having recently gone through turmoil, will deserve some other or further distraction,” Arendse said.
DA MP Annelie Lotriet said Arendse made his case and gave reasons why he could not go further in terms of perception of bias.
“I propose that we accede to his request to be released,” Lotriet said.
ANC deputy chief whip Doris Dlakude said they should not complicate the reasons advanced by Arendse but accept his recusal request.
“We don’t want Parliament to cause problems in the institution he is leading,” Dlakude said.
EFF MP Mbuyiseni Ndlozi said the conflict of interest as explained by Arendse was explainable and his request should be accepted.
“We must underscore the delay in justice this development will cause.
This matter has been in abeyance for over a year,” Ndlozi said.
He said Arendse’s recusal was delaying the administration of justice and leaving a cloud on the heads of the implicated MPs.
Committee chairperson Violet Siwela thanked Arendse for the work he has done to date and for being honest with the committee.
“You are released. We will make sure state lawyers start the process of appointing another initiator. Thanks for the work done up to so far,” Siwela said.
The EFF attorney said they had no objection to Arendse’s withdrawal.
The committee also agreed to postpone the hearing which was scheduled for next week, to next month.
Meanwhile, EFF MPs, including party leader Julius Malema, are in hot water for disrupting the State of the National Address earlier this year.
The committee agreed at its meeting on Tuesday to allow the administration to appoint an initiator to investigate the matter for a disciplinary hearing.
It also agreed about the appointment of another initiator for investigation of ANC MP Mosebenzi Zwane, who was found guilty of misconduct but has twice refused to apologise to the House.
Cape Times