Parliament welcomes High Court decision on suspension of six EFF members

8 February 2024

Parliament welcomes the decision of the Western Cape High Court to dismiss the application of the six Economic Freedom Fighters (EFF) Members of Parliament who sought to overturn their temporary suspension as sanctioned by Parliament. 

The Court’s decision relates to the SONA 2023 incident when the six Members of the National Assembly (NA) ignored the ruling of the Speaker of the NA to leave the Chamber. Instead of leaving, the members crossed the floor and jumped on the stage at the Cape Town City Hall where President Cyril Ramaphosa was to deliver the address.

The Speaker then had to suspend proceedings and call on the parliamentary security services to remove Mr Julius Malema, Mr Floyd Shivambu, Mr Marshall Dlamini, Mr Sinawo Tambo, Mr Vuyani Pambo, and Dr Mbuyiseni Ndlozi. The Speaker referred the matter to the Powers and Privileges Committee. The committee found them in contempt of Parliament and recommended sanctions, which included a one-month suspension from 1 February this year. The National Assembly adopted the report with sanctions as provided for in Section 12 (5) of the Powers, Privileges, and Immunities Act.

The Court characterised the EFF’s application as “an abuse of process” and described their conduct as “irresponsible”, considering that they were the cause that the matter had to be considered on an urgent basis. Parliament agrees with the court that the argument claiming the suspensions infringed upon the constitutional rights of the EFF to participate in the State of the Nation Address was without merit, as the remaining EFF MPs could still adequately represent them.

The Court further expressed its frustration that the EFF had, after their initial application failed, “repackaged” the same case with “cosmetic surgery” and requested a different relief, in effect to suspend the sanctions against its members. This caused the court to order punitive costs against the EFF.

We concur with the Court that when dealing with such matters, it will trench on the separation of powers and the duty which the Court has to pay due and proper respect to Parliament’s competence to regulate its processes and affairs, including the disciplining of its members.

It has always been Parliament’s aim to protect the institution from persistent and continuous disruptions. The State of the Nation Address must take place in a peaceful environment and with respect for the decorum of the House and the people of South Africa.

Issued by Moloto Mothapo, Media Officer, Parliament, 8 February 2024