Order! Hon members, before we proceed to the last Order of the Day, I would like to dispense with a number of outstanding rulings.
Firstly, during questions to the Deputy President on Wednesday, 7 November, hon Masutha put a point of order about a statement made by the hon Leader of the Opposition. Hon Masutha contended that hon Mazibuko had cast aspersions on the National Prosecuting Authority and made disparaging remarks against the institution, an institution in which removal from office depends on Parliament. Hon Masutha asked me to rule on the matter.
I undertook to study the Hansard and return to the House with a ruling. Having now had the opportunity to study the unrevised Hansard, I wish to rule as follows.
According to Hansard, the Leader of the Opposition said, and I quote:
From the police force's abuse of power at Marikana to the unconstitutional decision by the National Prosecuting Authority, NPA, not to hand over the spy tapes as mandated by an order of the Supreme Court of Appeals, the respect of our Constitution has been eroded.
Hon Masutha's objection to this statement by the Leader of the Opposition was based on his interpretation of Rule 66. Rule 66 states that, and I quote again:
No member shall reflect upon the competence or honour of a judge of a superior court, or of the holder of an office ... whose removal from such office is dependent upon a decision of this House, except upon a substantive motion in this House alleging facts which, if true, would in the opinion of the Speaker prima facie warrant such a decision.
Remarks by members can only be regarded as unparliamentary if they are made against an office bearer whose removal from office is dependent upon a decision of the House. A reflection on the actions of an office, as perceived by a member, is not out of order, as long as that member does not cast aspersions on the character of such office holder. In this case, the hon Leader of the Opposition's statement reflected on the office and not on any particular office holder and is therefore not unparliamentary.