The EFF vs Parliament
By Thabo Mosia – The Economic Freedom Fighters (EFF) have announced their intent to appeal a ruling made by the Western Cape High Court. The court had dismissed the EFF’s case challenging the removal of its Members of Parliament (MPs) from the National Assembly during President Cyril Ramaphosa’s State of the Nation Address (SONA) in 2023.
Background of the Case
The case traces its roots back to incidents during the 2015 and 2017 SONAs, where EFF MPs, including its Leader Julius Malema and his deputy Floyd Shivambu, were forcefully removed from Parliament after disrupting the addresses. In November 2023, the Powers and Privileges Committee of Parliament mandated the EFF MPs to apologise to the President, citing their actions as unconstitutional and unlawful.
However, on 10 June 2024, the Western Cape High Court upheld the actions taken by the Speaker of Parliament. The judgment, delivered by Judge Wille, ruled that the removal of EFF MPs was necessary to maintain order during the parliamentary sessions. The court also noted the systemic adherence to parliamentary rules and procedures that justified the ejections.
EFF’s Statement and Intent to Appeal
EFF spokesperson Leigh-Ann Mathys declared on Monday that the party plans to escalate the matter to the Constitutional Court. In a detailed statement, Mathys articulated the EFF’s stance:
“The Economic Freedom Fighters (EFF) notes that the Western Cape High Court has endorsed the Speaker of Parliament’s unleashing of violence against Members of Parliament during the 2015 and 2017 State of the Nation Addresses (SONAs). The court dismissed our application today, 10th June 2024, to declare that MPs were violently removed unlawfully and unconstitutionally. It was also our contention that Parliament’s powers were misapplied in doing so.”
Details from the Court Ruling
The court document offers intricate insights into the judicial reasoning behind dismissing the EFF’s application. Here are some key excerpts from the judgment issued in Case Number 9873/21:
- Rule of Law: Judge Wille emphasized the importance of adhering to the rule of law in a constitutional democracy. He cited eight basic principles that laws must follow, including being clear, publicly accessible, and congruent with how officials enforce them.
- Parliamentary Rules: It was noted that parliamentary members, including those from the EFF, are subject to rules that maintain order during sessions. The ruling declared that any member who violates these rules could justifiably be removed.
- Evidence of Disruption: The judgment highlighted that the disruptions by the EFF MPs were significant and premeditated. These warranted their removal to ensure the SONA could proceed uninterrupted.
- Claims of Violence: The court found no substantive evidence to prove that the removals were carried out with unlawful violence, as claimed by the EFF. Instead, it noted that preventive measures were necessary to curb the disruptions and maintain decorum.
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