ANC MPL Andile Lili says the reason for his absenteeism from the legislature for 15 consecutive days was because of the party’s step-aside policy imposed on him after he was criminally charged for allegedly assaulting a school principal.
Legislature Speaker Daylin Mitchell wrote to Lili requesting reasons for his absence from the House between February 16 and November 28 last year.
This is because Section 15(3)(c) of the constitution of the Western Cape provides that “a person loses membership in the provincial parliament (legislature) if that person is absent from the provincial parliament without permission in circumstances for which the rules and orders of the provincial parliament prescribe loss of membership.”
Mitchell said Lili’s absenteeism without required leave was brought to the attention of the legislature.
“Member Lili was afforded the opportunity to provide reasons why the House may not or should not proceed in the manner provided for in rule 30 of the standing rules.
“Member Lili subsequently provided reasons for his absence. “While member Lili remains a member of the Western Cape provincial parliament, the matter has now been reported to the House in the announcements, tablings, and committee reports (ATC), 14 of 2024, dated Monday, February 12, 2024,” said MitcheLl.
Lili said that in February 2023 he was charged with having assaulted the principal and a teacher of Inkanini Primary School, together with malicious damage to property, all alleged to have taken place on November 17, 2022.
“After the above-referred allegations were made against me, I appeared in court to stand trial, as I had pleaded not guilty. In light of the fact that such allegations had been made, the ANC took a decision to subject me to its step-aside policy.”
He said: “Having been subjected to the step-aside policy, I had no option but to abide and wait for the trial to come to an end, which only ended on December 5, where I was found not guilty and acquitted of all charges.
“Given that the party had taken it upon itself to communicate its decision to me, well knowing that I was a member of the provincial legislature and also aware that I had not volunteered to be absent, I was of the honest belief that it had done everything necessary to regularise my absence due to the suspension by the party.”