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Johannesburg - The recent appointment of Mineral Resources Minister Mosebenzi Zwane as a MP must be reversed as he was not sworn in properly, the Economic Freedom Fighters said on Wednesday.
Last week Thursday, the EFF wrote a letter to Speaker of the National Assembly Baleka Mbete informing her that Zwane was illegally sworn in as a Member of Parliament, national spokesperson Mbuyiseni Ndlozi said in a statement.
"We have given the Speaker the time to respond to our letter and she has not done so, and we will therefore begin the other processes as announced in the letter."
According to the letter, written by EFF chief whip Floyd Shivambu, the Electoral Act was not followed when Zwane was sworn in.
The African National Congress had the opportunity to review the list of candidates between Thursday, May 14 and Wednesday May 20 this year.
"The lists that may be reviewed in this period are the candiditate lists of the Electoral Commission," Shivambu said.
"It is common cause that the name of Mr Mosebenzi Joseph Zwane appeared or was published in the Government Gazette on the 2nd of September 2015 under No. 39193, titled 'Publication of Reviewed List of Candidates'."
'His inclusion is illegal'
According to the EFF, Zwane's name did not appear on the Government Gazette No 38831, which published the reviewed lists of all political parties in accordance with the Electoral Act.
This meant Zwane's name was not submitted by the ANC at the appropriate time.
"Furthermore, the name of Mr Mosebenzi Joseph Zwane was not submitted within the dates communicated to all Chief Whips and Party Representatives by the Secretary to the National Assembly."
The EFF "humbly" requested that Mbete annul Zwane’s membership of the National Assembly because "his inclusion is illegal".
Shivambu said the EFF would also write to President Jacob Zuma to reverse the decision to appoint Zwane as a Cabinet minister, since all ministers had to be members of Parliament.
Ndlozi said the letter was sent to Mbete, and forwarded to the Secretary of Parliament, Gengezi Mgidlana, and Secretary to the National Assembly, Masibulelo Xasa.
The EFF still had not received a response, he said.
"If Mr Zuma fails to adhere to our requests, we will approach the Courts to enforce the Electoral Act 73 of 1998. The principle is that as the EFF, we will never allow Parliament and the Executive to violate the Constitution and various legislations guiding the country."
Speaker to respond
Mandlakazi Sigcawu, spokesperson from the Office of the Speaker, confirmed it had received Shivambu's letter.
"The Speaker will respond to the party in due course," she said.
