Finally, during question time on Thursday, 15 November 2012, hon Masutha put a point of order requesting a ruling on the purported use of offensive language in this House. The hon member requested the Presiding Officer to rule a statement made by hon James out of order, in accordance with National Assembly Rule 63.
According to the unrevised Hansard, hon James said the following, and I quote:
So, why, Mr President, instead of investing in rural areas everywhere, millions of rand is wasted on the indulgence and luxurious quarters fit for the emperor without clothes, which is you, sir, to sit in the pseudomonarchic seat of Nkandla.
Having now had an opportunity to study the Hansard, I wish to rule as follows.
Rule 63 and the rules governing offensive or unparliamentary language are broadly framed in order to allow hon members to enjoy their constitutional right to freedom of speech. However, well established practice also dictates that any statement or remark which impairs the dignity of the person to whom it is directed or affronts the person's honour must place a limitation on that right.
Hans Christian Andersen's fable, The Emperor's New Clothes, is often used in political and social contexts as criticism against the rule of heads of state or heads of government. Criticism and opposition are normal and accepted practice in democratic parliaments all over the world. I find that hon James's expression constitutes political criticism against the hon President, which happens in the normal course of politics.
His use of the metaphor of the emperor without clothes to reflect on the hon President does not make his expression offensive per se. It is his reflection, politically speaking, on how he perceived the hon President to be doing his job. His expression remains his political opinion, which may be countered by other political views or opinions, which may reflect positively on how the hon President is doing his job. Accordingly, the statement made by the hon James is not unparliamentary in terms of National Assembly Rule 63. Thank you. [Applause.]
Farewell speeches