By Lehlohonolo Lehana.

The Western Cape High Court dismissed an application by Economic Freedom Fighters (EFF) leader Julius Malema and five other party MPs to have their suspension interdicted. 

This means they will not be inside the National Assembly for President Cyril Ramaphosa's State of the Nation Address (SONA) on Thursday.

Malema, his deputy Floyd Shivambu, secretary-general Marshall Dlamini, EFF MP Mbuyiseni Ndlozi and two others were suspended without pay for the month of February for contempt of Parliament for disrupting the 2023 Sona.

The initial court application against the suspension was struck off the court roll as the documents were filed late, and proceeding with the case could have amounted to a miscarriage of justice, according to the majority on the full Bench.

Western Cape High Court ruling is the latest in a series of court decisions that have gone against the EFF, most recently its bid against the new rules for joint sittings, setting down the president may not be disrupted when delivering Sona.

As a result of the court outcome, the party has decided to boycott the state of the nation address.

In a statement, released minutes ago, the party said: "All EFF members of Parliament will not participate in the 2024 SONA activities and programmes, as there are undemocratic and unconstitutional and the so-called State of the Nation Address in 2024 is an extended caucus of the ANC.

"Partial participation in the SONA activities and programme would imply that some of our members agree with the unlawful, undemocratic, and unconstitutional decisions of Parliament to forbid and banish elected members of Parliament. We will, therefore, not attend or participate in the ANC's extended Parliamentary caucus."

The decision to suspend the six EFF members, taken in December, is effective from February 1 to 29.

Parliament's presiding officers National Assembly Speaker Nosiviwe Mapisa-Nqakula and National Council of Provinces (Ncop) Chairperson Amos Masondo on Wednesday said all was in place for Sona.

"We are absolutely happy with all the work and demonstrated the meticulous planning that went into this major event," read a statement by Parliament.