By Lehlohonolo Lehana.
The Western Cape High Court has dismissed the Economic Freedom Fighters (EFF) bid to challenge the suspension of its top brass in Parliament.
EFF members, including leader Julius Malema, his deputy Floyd Shivambu, and its secretary general Marshall Dlamini were ejected from the National Assembly and subsequently suspended for disrupting the 2023 State of the Nation Address.
They were charged with misconduct and contempt of Parliament for climbing onto the stage where President Cyril Ramaphosa stood ahead of his speech.
Their sanction included suspension from parliamentary activities for February this year.
The red berets had approached the court to fight the ejection of its members from the chamber and their subsequent suspension.
In the court judgment handed down on Friday, the court upheld the decision taken by the presiding officers.
The EFF argued the related laws and regulations failed “to provide sufficient guidelines” when deciding sanctions and was unconstitutional.
Judge Dennis Davis said the argument that the privileges committee required an independent decisionmaker “never got out of the legal starting blocks”. Nowhere in the law or the committee’s rules does it allow for “delegation” of its functions to others. The committee itself must investigate.
The EFF members argued that lack of legal guidelines for imposing sanctions has the potential for abuse by political opponents. Davis, however, said parliament legally “has significant powers and thus discretion … in respect of the severity of the appropriate sanction”.
Davis dismissed the case, but made no costs order due to the EFF making out a proper case that raised important constitutional questions.
The EFF is still deciding if it will appeal, which it can do only at the Supreme Court of Appeal (SCA) or Constitutional Court.
The Parliament welcomed the ruling and said in a statement, “The court found that the disciplinary measures imposed were consistent with the parliamentary rules and were necessary to preserve the integrity and functionality of Parliament.”
“In dismissing the EFF members’ case, the court affirmed the correctness of the procedures and decisions implemented by the presiding officers. Parliament remains committed to upholding these principles and ensuring that the parliamentary processes are not disrupted by unparliamentary behaviour.
“The judgment serves as a reminder of the necessity for all members of Parliament to conduct themselves in a manner befitting their roles and to contribute positively to the democratic process.”