Maimane serves cease-and-desist letter on Mapisa-Nqakula

Build One South Africa (BOSA) leader, Mmusi Maimane, on Friday served a cease-and-desist letter on Speaker Nosiviwe Mapisa-Nqakula, asking Parliament to stop what he called “its unbecoming behaviour” towards Chief Justice Raymond Zondo.

Mapisa-Nqakula said the perception created that Parliament was not implementing the Zondo Commission of Inquiry’s recommendations, following comments made by the chief justice, was far from the truth.

Last week, Zondo publicly stated that he believed Parliament would fail to prevent state capture if it were to reoccur because nothing had changed a year later, after the chief justice handed over his report to President Cyril Ramaphosa.

Cease-and-desist

In the cease-and-desist letter, Maimane said it has come to his attention that “private meetings” have been used to discuss Zondo’s comments on the failure of Parliament to act on the State Capture Commission Report and on other forms of corruption.

“I am writing on behalf of my client to demand the immediate cessation of your private meetings and media comments which are tantamount to intimidation and harassment of the office of Chief Justice Raymond Zondo.”

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Maimane said Nqakula reacted in a hostile manner to the chief justice’s statements and acted “ultra vires by summoning him to a meeting to iron the matter out”.

“We believe that such meetings are inappropriate, undermine the principles of transparency, accountability, and independence, which are cornerstones of our democratic system,” Maimane wrote.  

Meetings to ‘iron matter out’

Maimane added the meetings “could also potentially lead to a breach of public trust and adversely impact the integrity of both Parliament and Judiciary”.

“We insist on an immediate halt to these private meetings. We ask that any future communication with Chief Justice Zondo be conducted in a transparent and appropriate manner, as per the rules and regulations of our democratic institution.

“We also have noted an increase in public criticisms of the office of the chief justice by the speaker of Parliament and other leaders of the governing party. These comments in the frequency they have been made suggest a coordinated campaign to discredit and besmirch the office of the chief justice. They are nothing short of harassment,” Maimane said.

Legal action

Maimane warned of legal action if the cease-and-desist letter was not complied with.

“If this demand is not complied with, we are prepared to take all necessary legal steps to protect the integrity of our democracy, including seeking an injunction and/or pursuing litigation.

“We strongly recommend you consult with a legal professional regarding this serious matter. This letter is not exhaustive of our client’s rights, remedies, claims, or defences, all of which are expressly reserved,” Maimane said.

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