DA awaits judgment on allowing police in the NA

16 March 2015

In the Western Cape High Court today, the DA made submissions to have Section 11 of the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act declared unconstitutional or that this section should be declared not to apply to Members of Parliament (MPs).

The Judges have reserved judgment and taken our representations under advisement.

The application arose from the forceful removal of members of an entire opposition party during the State of the Nation Address.

It cannot be that MPs are removed from the House or threatened with undue police force in the execution of their duty to hold the Executive to account. This duty is laid down to MPs in terms of the Constitution. MPs cannot talk truth to power if they are threatened with arrest.

Section 11 of the Act states that Members of Parliament can be arrested and removed from the House by the relevant security services in instances of disturbances. 

We submitted to the Court that this is directly at odds with the Constitution and the doctrine of separation of powers.

This is because sections 58 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 authorising arrest should be declared unconstitutional or be declared not to apply to Members of Parliament. 

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

We are hopeful that the Judges will consider the DA's submissions and hand down judgment as soon as possible. Whatever the outcome, it is likely that the matter will finally be adjudicated by the Constitutional Court.

Statement issued by James Selfe MP, Chairperson of the DA's Federal Executive, March 16 2015

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