Mahikeng- The Northwest Provincial Legislature having established facts pertaining to the conviction and sentencing of Papiki Babuile as reported in the media informed the leader of the official opposition party, the Economic Freedom Fighters (EFF), that Papiki Babuile is no longer eligible to be a member of the legislature by virtue of the provisions of section 106(1)(e) of the Constitution.

Section 106 of the Constitution prescribes that a person automatically ceases to be a member of a provincial legislature if that person is convicted of an offense and sentenced to more than 12 months imprisonment.

In terms of the correspondence at our disposal, Babuile was indeed convicted for the murder of the former ANC Regional Secretary of Dr Kenneth Kaunda Region, David Chika, on 26 November 2014 and was sentenced for a period of 12 years plus a further sentence of 8 years imprisonment for conspiracy to commit murder. Both sentences run concurrently.

“According to the same correspondence Papiki Babuile attempted to make an application for leave to appeal but the court refused the application” Legislature spokesperson Teboho Chaane said.

No formal documentation were furnished by the EFF showing any further steps taken by Papiki Babuile on this matter safe for their submission that “his attorneys are busy with the appeal processes against the conviction and sentence”.

This was despite our numerous requests for them to do so.

“The Speaker of the Legislature, after careful consideration of all facts and pertinent legal matters surrounding this matter, has concluded, as advised, that automatic loss of membership of Mr Papiki Babuile has incurred” Chaane said.

He said it is on such basis as reflected above that the Speaker had to make a determination and communicated to the leader of Economic Freedom Fighters that Papiki Babuile has automatically ceased to be a member of the Northwest Provincial Legislature effective from the date of his appeal being refused by the court.

Papiki Babuile has immediately ceased to enjoy all benefits and entitlements including remuneration he enjoyed as the member of the Legislature.

According to Chaane, It goes without saying that the Northwest Provincial Legislature reserves all and or any of its rights to recoup all monies already paid to Papiki Babuile after automatic loss of membership incurred.
-TDN
Follow us on Twitter@Taung_DailyNews or @IceT_