EFF's Babuile loses legislature membership

North West EFF chief whip Papiki Babuile has been removed as a member of the legislature, Speaker Susan Dantjie's spokesman said on Friday.

"The North West provincial legislature ... has on the 4th February 2015 informed the leader of the official opposition party, the Economic Freedom Fighters (EFF), that Mr Papiki Babuile is no longer eligible to be a member of the legislature," said Teboho Chaane said in a statement.

Last month, the Citizen reported that Babuile had been running the EFF's North West affairs from his prison cell. He was jailed last year for 12 years for the murder of David Chika, regional secretary of the African National Congress.

The newspaper said it had been reliably informed that Babuile, whose annual package is over R1 million, received his December and January salaries while in jail.

Dantjie learnt of Babuile's conviction through media reports in November last year. She had written to the party twice requesting details of his conviction and sentencing. She finally received information after the newspaper's report.

Chaane said Babuile was no llonger eligible to be a member of the legislature by virtue of provisions in Section 106(1)(e) of the Constitution.

This section prescribes that a person automatically ceases to be a member of a provincial legislature if that person is convicted of an offence and sentenced to more than 12 months' imprisonment.

"In terms of the correspondence at our disposal, Mr Babuile was indeed convicted for the murder of ... Mr David Chika... and was sentenced for a period of 12 years plus a further sentence of eight years imprisonment for conspiracy to commit murder. Both sentences run concurrently," said Chaane.

"... Mr Papiki Babuile attempted to make an application for leave to appeal but the court refused the application."

Chaane said no formal documentation was furnished by the EFF showing if any further steps were by Babuile.

"The honourable speaker ... 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."

It is effective from the date of his court appeal being refused.

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

Chaane said the legislature would reserve the right to recoup all monies paid to him after the membership ceased.