The Supreme Court has overturned the decision by Speaker of the National Assembly, Peter Katjavivi, to indefinitely suspend Landless People’s Movement (LPM) leader Bernadus Swartbooi and second in command Henny Seibeb saying the decision was unlawful.

In a detailed 30-page judgement passed on Wednesday, Judge of Appeal, David Smuts, alongside Chief Justice Peter Shivute and Assistant Judge of Appeal, Theo Frank, nullified Katjavivi’s decision, noting that it was outside the Speaker’s powers and was thus unlawful, of no effect and is thus, set aside.

On 15 April 2021, during the State of the Nation Address delivered by President Hage Geingob, Katjavivi ordered for Swartbooi and Seibeb to be withdraw from the National Assembly’s Chamber, on account of disruptive behaviour. A few days later, Katjavivi in writing informed them that he had reported the matter to the Committee on Standing Rules and Orders for consideration and that he had invoked rule 124 (a) of the Standing Rules and made a ruling that they remain withdrawn from the National Assembly indefinitely.

The two parliamentarians then approached the High Court on urgent basis, challenging the power of the Speaker to suspend them indefinitely. The case was dismissed by the High Court, upon which they approached the Supreme Court.

Smuts said rules governing the conduct of members, authorise the Speaker to order for the withdrawal of parliamentarians from the National Assembly Chamber and if the Speaker deems this to be inadequate, he can report the matter to the Privileges Committee, which is the one empowered to recommend a seven-day suspension.

“The Speaker’s role under the Standing Rules in relation to the conduct of members thus does not include taking disciplinary action – he has no powers to do so – but rather to maintain order in the house. Neither the rules nor the Act provide for the suspension of members, pending committee hearings in express terms,” Smuts said.

The Judge said rule 124 invoked by Katjavivi to indefinitely suspend the LPM duo, is under unforeseen circumstances or a matter for which Standing Orders does not provide. He said the matter at hand is however provided for in rule 11-115, where the Speaker withdraws parliamentarians and report an incident to the relevant committee for further action.

In overturning Katjavivi’s decision, the Supreme Court also ordered the National Assembly Speaker to pay for Swartbooi and Seibeb’s legal costs.

Source: Namibia Press Agency