DA applies for interdict against summoning of police into Parliament's chambers

17 February 2015

The Democratic Alliance today announces that we have issued papers in the Western Cape High Court, applying for interim interdictory relief against the summoning of police to remove Members of Parliament from the National Assembly chambers.

Last Thursday, the nation watched as the Speaker of the National Assembly, Ms Baleka Mbete, and Chairperson of the National Council of Provinces (NCOP), Ms Thandi Modise, acted in violation of the highest law of the land - the Constitution - and the principle of separation of powers. 

This is a principle which ensures that the three arms of the state can do their work, independently, without fear or threat of undue interference from the other.

Through their actions, the Presiding Officers abandoned the Rules and the Constitution in order to protect President Jacob Zuma. In the process, they showed a complete disregard for Parliament's independence, and the people of South Africa.

Our application relates to Section 11 of the Powers, Privileges and Immunities of Parliaments and Provincial Legislatures Act of 2004, which the Presiding Officers relied on in summoning police to remove MPs.

In our papers, we are seeking an interdict against the use of police to remove MPs from the National Assembly, pending a court order clarifying the constitutionality of Section 11 of the Act, and its applicability to Members of Parliament. 

Furthermore, we are appealing to the court to strike out the phrase that allows the Speaker and the Chairperson to order the "arrest" of persons in terms of this section.

In terms of Section 58(b) of the Constitution, read with Section 71, Members of both Houses of Parliament are not "Liable to ... arrest ... for anything that they have said in, produced before or submitted to the [NA or NCOP] or any of its committees." We therefore contend that the part of Section 11 of the Act authorizing arrest is not applicable to MPs.

In summary, we are seeking an order to restrain the Speaker and the Chairperson from invoking the Act against Members for "disturbances" for which the Member cannot be arrested, pending the court's adjudication of the matter.

Given the trend of summoning police into the chamber (beginning on 11 November last year), and the endorsement of this approach by the Presiding Officers, it has become clear that the Democratic Alliance has no alternative but to approach the courts for interim relief.

It is never desirable to approach the courts to rule on parliamentary matters, but the extraordinary times we are in make it necessary for us to do so.

We cannot tolerate a situation where MPs are removed from the House or threatened with such action in the execution of their duty to hold the Executive to account, a right afforded to MPs in terms of the Constitution.

Statement issued by James Selfe MP, Chairperson of the DA's Federal Executive, February 17 2015

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