The Economic Freedom Fighters (EFF) have lost a High Court bid to have Parliament’s disciplinary process against them for disrupting last year’s State of the Nation Address (SONA) declared unlawful.
A full bench of the Western Cape High Court said that the six EFF Members of Parliament (MPs) failed to show how Parliament acted outside of its powers.
They were charged with misconduct and being in contempt of Parliament when they mounted the stage of the Cape Town City Hall in February 2023 during President Cyril Ramaphosa’s address.
In November 2023, Parliament suspended EFF Leader Julius Malema, his deputy Floyd Shivambu as well as members Mbuyiseni Ndlozi, Marshall Dlamini, Vuyani Pambo, and Sinawo Tambo for 30 days and docked a month’s salary.
The sanction had the consequence of banning them from the SONA in February.
In a judgment handed down by Judge Diane Davis on Friday, she said it can’t be disputed that Parliament exercises the ultimate power to discipline its members.
The court has not found in favour of the EFF’s argument that disciplinary proceedings should have been presided over by an independent, third party.
The party had argued the odds were stacked against them because of the African National Congress (ANC)’s majority on the Powers and Privileges Committee and that the committee is comprised of its political opponents.
Judge Davis, with the concurrence of Justices Chantal Fortuin and Noluthando Nziweni said the EFF’s challenge has been purely procedural and the party did not challenge the merits of their conviction.
The court also found that Parliament acted within what’s legally permissible, in terms of the sanction imposed on the six MPs.
-EWN
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