EFF NOTES PARLIAMENT'S INITIATIVE TO OPEN CRIMINAL CHARGES FOLLOWING THE EFF FIGHT IN THE NATIONAL ASSEMBLY AGAINST PARLIAMENTARY PROTECTION SERVICES

18 May, 2016

The EFF notes Parliament's initiative to open criminal charges against the EFF in light of the fight that took place with the institutionalised hooligans, otherwise known as Parliamentary Protection Services. This will finally help us understand and realise if indeed there is equality before the law because the EFF has opened multiple cases against parliament hooligans and nothing has ever been done.

In 2015, these very hooligans beat up EFF MPs to the extent that they left Honourable Reneilwe Mashabela with a broken jaw. Despite opening a case and submitting all medical certificates as evidence, not even a single police officer has ever called to follow up on her case. 

The EFF has written to the Speaker of Parliament to end the physical abuse and assault of EFF MPs. We have opened criminal cases on many occasions and no investigation or report has ever been done. After many occasions of being assaulted by the parliamentary hooligans, we went to court on urgent basis, seeking an interdict against the Security Services, which was also denied. The court told us that our matter was not urgent and that if indeed we were to be beaten up, there is recourse. In essence, the court said we must first be beaten up, as we have been before, then approach it for recourse.

The Constitution of the Republic makes a provision in Section 5 that a Member of Parliament "is are not liable to civil or criminal proceedings, arrest, imprisonment or damages for— (i) anything that they have said in, produced before or submitted to the Assembly or any of its committees". 

This means, if arrest was possible inside the house, then the provisions of freedom of speech in Section 58 would be rendered futile because it would result or anticipate intimidation. The provision requires that we be protected so that we are never afraid to speak and question power.

Yet the court told us that we must first go and be beaten up then we can seek recourse. This is despite the evidence that we are intimidated had been sufficiently demonstrated by the many occasions when we were physically assaulted for the things that we say.

It is the EFF that took the matter of Zuma to the constitutional court after exhausting all processes in parliament. The Constitutional Court then ruled that Zuma has violated his oath of office in that he failed to abide, protect and defend the constitution.

Following this ruling, the EFF wrote to the Speaker of Parliament stipulating how a disciplinary process must be embarked on to hold Zuma acceptable in terms of the reality that he had broken his oath of office. The Speaker has done absolutely nothing, in stead, using the ANC majority, they want business to continue as usual.

The EFF has since stood on all the occasions of the appearance of Zuma in Parliament, that he cannot be allowed to speak until he is held accountable in terms of the fact that he has violated his oath of office. An Oath of Office is the contract he signs with parliament and the people of South Africa in which he accepts a-priori, that if he breaks he must cease to be President. 

All other ordinary South Africans, when they break their contractual obligations they are held accountable, or even fired from their jobs. It is the same with Jacob Zuma. He is not above the law, he is not special or different to us all.

Each time we have requested the Speaker to implement disciplinary proceedings against Zuma, she has simply imposed hooligans on us, who have assaulted us over and over again. Therefore, the EFF has nothing left but to fight back. We took a revolutionary vow that we are willing to pay even with our lives for the protection of the rule of law.

Therefore, if indeed an investigation is to ensue against any of our MPs or our fighters, then it must be placed on the public record that in South Africa there is no equality before the law. That the police only work for the ANC Parliament, the exclusion and marginalisation of the EFF.

Statement issued by the Economic Freedom Fighters, 18 May 2016