The Western Cape High Court has ruled against the EFF’s ability to disrupt parliamentary proceedings, marking another legal defeat for the party’s ongoing campaign to challenge its accountability for disruptive actions in Parliament.
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In earlier proceedings this year, the EFF filed an application against key parliamentary figures, seeking to challenge the removal of 23 of its MPs from Parliament’s 2015 and 2017 State of the Nation Address (SONA) gatherings.
The party alleged that their removal was unconstitutional, accusing parliamentary authorities of using excessive force and aggression during the ejections. They also sought constitutional damages for the MPs who were ejected, some of whom claimed they were assaulted.
However, Parliament opposed the legal action, arguing that the EFF had unlawfully disrupted the presidential addresses and had no basis to demand damages. The National Assembly speaker and NCOP chairperson maintained that the ejections were necessary to restore order and were carried out in accordance with parliamentary rules.
After hearing arguments, Judge Derek Wille delivered a judgement dismissing the EFF’s application. He emphasised the importance of upholding the rule of law in the country’s constitutional democracy and highlighted that the disruptions caused by the EFF members were in contempt of parliamentary authority.
Wille noted that, while freedom of speech is a fundamental right, it is subject to regulation within the parliamentary process. He stressed that parliamentary members must adhere to rules and regulations governing their conduct and that free speech cannot override the functioning of Parliament.
The judgement found no evidence of gratuitous violence against the EFF MPs or violation of their constitutional rights during the ejections. Consequently, Wille ordered the EFF to pay the application costs.
Parliament welcomed the ruling, reaffirming its commitment to fulfilling its constitutional obligations without undue interference. Meanwhile, the EFF faced further legal challenges, including unsuccessful attempts to challenge the removal and suspension of party leaders and members for disruptive behaviour.
As the National Assembly prepares for its first sitting of the seventh Parliament, the ruling sets a precedent for maintaining order and decorum in parliamentary proceedings.
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Picture: Jaco Marais / Gallo Images
