By Lehlohonolo Lehana.
The Western Cape High Court has dismissed an urgent application to overturn Economic Freedom Fighters (EFF) leaders’ suspension from Parliament.
They were found guilty of contempt of Parliament after they stormed the stage during President Cyril Ramaphosa’s SONA in February 2023.
The suspension affects Julius Malema, Mbuyiseni Ndlozi, Vuyani Pambo, national spokesperson Sinawo Thambo, party chief whip Floyd Shivambu, and secretary-general Marshall Dlamini.
The matter was strike off the roll after the EFF’s late filing of their replies to the affidavit and their Heads of Arguments.
The application was dismissed with costs.
The powers and privileges committee’s report, which the National Assembly adopted in December, found the six EFF MPs guilty of contempt of parliament for organising a “peaceful protest” against President Cyril Ramaphosa during his previous Sona.
According to the report, the MPs who stormed the stage brandishing placards calling for Ramaphosa’s resignation should be suspended for the entire month of February and have their salaries withheld in full.
This implies that the EFF MPs will be forced to watch the Sona on television alongside the general public, and they will not be allowed to participate in the February Budget Speech.
In addition, they will not participate in any parliamentary portfolio committee activities while they are suspended.
They are also prohibited from entering the parliamentary precinct for any reason.
The sanction that has been imposed will begin on February 1 and end on February 29.
According to the EFF notice of motion, the National Assembly’s Rule 214 relating to the powers and privileges committee is illegal and unconstitutional because it does not guarantee that an impartial and independent decisionmaker will oversee parliament’s procedure for disciplining MPs.
The party further submitted to the court that the same rules fail to provide sufficient guidelines for the exercise of discretion insofar as sanctions are concerned.