3.2.
3.3.
3.3.1.
33.2.
3.4.
3.5.
3.6.
(b) amember of a Commission must be adopted with a supporting
vote of a majority of the members of the Assembly.
(3) The President-
(a) may suspend a person from office at any time after the start of
the proceedings of a committee of the National Assembly for
the removal of that person; and
(b) must remove a person from office upon adoption by the
Assembly of the resolution calling for that person's removal.”
Second, as your letter notes, the Presidential Minute states that |
suspended you “pending the finalisation of the proceedings/inquiry
initiated by the Committee of the National Assembly established in terms
of section 194 of the Constitution”.
Third, now that the Committee has adopted its report, the proceedings
which were initiated by the Committee will be finalised either
when the National Assembly does not adopt a resolution calling for your
removal from office; or
if the National Assembly does adopt such a resolution, when | act in
terms of section 194(3)(b) of the Constitution.
Fourth, it is therefore patently clear that the process initiated by the
Committee is not completed (as your letter suggests) when the enquiry
by the Committee has been finalised.
Fifth, the ordinary (and well-established) rules of interpretation must be
applied in interpreting the Presidential Minute and my letter. They must
be interpreted by attributing meaning to the words which are used
“having regard to the context provided by reading the particular provision
or provisions in the light of the document as a whole and the
circumstances attendant upon its coming into existence.” As the courts
have made clear, consideration must be given to the language used “in
the light of the ordinary rules of grammar and syntax; the context in which
the provision appears; the apparent purpose to which it is directed and
the material known to those responsible for its production.” (Natal Joint
Municipal Pension Fund v Endumeni Municipality 2012 (4) SA 593
(SCA) at par 18). Further, “A sensible meaning is to be preferred to one
that leads to insensible or unbusinesslike results or undermines the
apparent purpose of the document.” The effect of your interpretation is
to uplift a suspension midway through the section 194 process. That
would be entirely inconsistent with the rules of interpretation. It would be
insensible, it would be unbusinesslike, and it would undermine the
purpose of the document. That was not and could not have been my
intention.
Sixth, | record that | have not been informed of any resolution having
been taken by the National Assembly as contemplated by section 194(2)
of the Constitution. The National Assembly has therefore not yet
completed its part of the process.