Landless People’s Movement (LPM) leaders Bernadus Swartbooi and Henny Seibeb are suing National Assembly Speaker Peter Katjavivi for banning them from the August House for an indefinite period.
The two Members of Parliament (MP) are claiming Katjavivi’s decision communicated to them on 19 April is unconstitutional and should be set aside, claiming that Rule 112 only allows for members to be suspended for grossly improper misconduct for a period of 7, 14 and 21 days.
They are further seeking an order that would interdict Katjavivi from interfering with their rights as elected members of the National Assembly, contributing to debates or attending to their offices that are situated at the parliament building. In his response, Katjavivi claims that the two MPs through their conduct on 15 April and on other occasions have threatened other members of parliament with violence, used every abusive and unacceptable language, and have made themselves guilty of criminal offences under the Powers, Privileges and Immunities of Parliament Act. He also said he has been approached by various members of parliament who seriously fear for their safety. He said he is planning on filling a counter application again at the two members that their actions have been in bridge of Article 60(1)(a) of the Namibian Constitution. He says his action to ban them from parliament is wholly lawful.
In an affidavit, Swartbooi indicates that they are currently missing out on the ongoing debate on the National Appropriation Bill. Thus, the appropriate remedy would be for them to be allowed back into the chamber.
“There is no prejudice to the respondent (Katjavivi) if we are permitted to attend the remaining session of the National Assembly and participate in the very important debates relating to the National Appropriation Bill,” explained Swartbooi.
The two MPs were banned from parliament after a brawl with security forces.
Swartbooi was escorted out of the chamber, his deputy, Seibeb, was shoved and manhandled out of the August House by security personnel, forcing Katjavivi to abruptly suspend the joint sitting.
Katjavivi has referred the matter to parliament’s privileges committee. The committee is now expected to hold an inquiry into the conduct of the two MPs.
The case is set to be heard on 26 April.
- mamakali@nepc.com.na