Didiza says Gigaba replacement on defence committee was procedurally incorrect

The Speaker of the National Assembly, Thoko Didiza, has confirmed that the election of ANC MP Mzimasi Hala to replace Malusi Gigaba as co‑chairperson of Parliament’s Joint Standing Committee on Defence was not procedurally correct.

Dispute follows meeting to replace Gigaba

Malusi Gigaba was replaced during a committee meeting on Wednesday after the ANC relieved him of his responsibilities, sparking a dispute among committee members over whether correct procedures were followed.

EFF asks Speaker to overturn election

The Economic Freedom Fighters (EFF) asked Speaker Didiza to declare Mzimasi Hala’s election unlawful and of no force and effect, saying Parliament failed to follow its own rules before filling Gigaba’s position. In an urgent letter, EFF Chief Whip Nontando Nolutshungu said the party believed the meeting had been convened and conducted in violation of Parliament’s Joint Rules.

Didiza: no formal communication received

Responding to the EFF’s letter, Didiza said her office had not received any formal communication from the ANC regarding the change in membership for Gigaba. She also said she had not received a resignation letter from Gigaba himself.

“I also did not receive a letter of resignation from Dr Gigaba himself,”

Publication in ATC and transparency

Didiza noted that while the Joint Rules do not explicitly require publication in the Announcements, Tablings, and Committee Reports (ATC) of the change in membership status of a co‑chairperson, the appointment of members is required to be published. “The election of a new co‑chairperson is published in the ATC to ensure transparency,” she said, adding that the pending review of the Joint Rules for publication in the ATC was consistent with the constitutional principle of openness.

Matter referred to Joint Rules Committee

Didiza said she would refer the issue to the Joint Rules Committee for consideration.

“I agree that the purported change in the membership status of Dr Gigaba without any formal communication is not procedurally correct. The question of whether the change to the status of a co‑chairperson must be published in the ATC should be considered by the Joint Rules Committee. Hence, I will refer this matter accordingly,”

She added that the purported election to replace Gigaba would have to follow the receipt of formal communication and that, “pending that process, the status quo prior to the meeting on September 2 remains.”

EFF’s additional complaint about committee conduct

The EFF also asked that committee co‑chairperson Phiroane Phala be censured, accusing him of allowing the process to continue despite objections from members. In its letter, the EFF said it was “particularly perturbed by the conduct of the Joint Chairperson, Hon. Phiroane Phala, who railroaded members of the Committee and insisted on the continuation of the meeting notwithstanding the serious procedural disputes raised by various members of that committee.”

Didiza said she could not comment on the request concerning Phiroane Phala,

“I cannot comment on your request concerning Hon. Phiroane Phala, MP, as he is co‑chairperson of the component of the National Council of Provinces of the Joint Committee”.