By Lehlohonolo Lehana.
The Western Cape High Court has dismissed the Economic Freedom Fighters (EFF) application to declare the powers and privileges committee rules of the National Assembly illegal and unconstitutional.
EFF leader Julius Malema, his deputy Floyd Shivambu, Secretary-General Marshall Dlamini, as well as Sinawo Tambo, Mbuyiseni Ndlozi and Vuyani Pambo, were sanctioned with suspension without pay for 30-days after they were found guilty of contempt of Parliament in a disciplinary process by the Powers and Priviliges Committee.
This, after the group stormed the stage of the during February 2023 State of the Nation Address (SONA) by President Cyril Ramaphosa. The opposed application sat for two days in the High Court.
The EFF argued that the absence of guidelines in what qualifies as a “serious” offence in the rules that govern the disciplining of Members of Parliament (MPs) opens it up to abuse due to the structure which is based on majoritarianism.
Parliament, however, is of the view that the EFF’s case was inconsistent with the facts and internally contradictory.
As a result, parliament asked the court to dismiss the application which it termed as abusive with costs.
In summary, Western High Court said, “There is no evidence that any gratuitous violence was used against the applicant’s members and that their constitutional rights were violated in any way or that the first and second respondents instructed that they be ‘unconstitutionally’ assaulted.
Judge E.D Wille ruled that the application is dismissed and ordered EFF to pay the costs.
In response the EFF said,”A court that dismisses brutality against elected public representatives who uphold their oath of office sends a crude message to its citizens.
“This normalisation and acceptance of such brutality at the highest levels of justice and governance contribute to the pervasive culture of violence across the country.
“The EFF aims to appeal the ruling at the Constitutional Court, as we continue to participate dynamically and determinedly to strengthen our democracy,” read the statement.