The Western Cape High Court will hear a challenge today by the Economic Freedom Fighters (EFF) to invalidate the National Assembly Rules. These rules led to the legislative body taking action against six party members. Last year, six members, including party leader Julius Malema and the party’s deputy president Floyd Shivambu, stormed the stage while President Cyril Ramaphosa delivered the State of the Nation Address.
Six members were suspended without pay for 30 days after being found guilty of contempt of Parliament following a disciplinary process. The members of the red berets are now seeking a court declaration to challenge the constitutionality, lawfulness, and validity of the proceedings in which they were charged and found guilty of contempt of Parliament.
They seek the same information about a report from the Powers and Privileges Committee, which recommended that the President, the Speaker of Parliament, and the people of South Africa receive an apology as a penalty.
The applicants are seeking relief for the National Assembly’s decision to adopt the committee’s report. They argue that the alleged attack on how they were disciplined calls into question the legality and constitutionality of the National Assembly Rules.
In papers before the court, they argue that this has the consequence of stripping Parliament’s conduct of its rationality, reasonableness, and fairness.
The Powers, Privileges, and Immunities of Parliament and Provincial Legislatures Act states that before a house can take any disciplinary action against a member, the matter must undergo a reasonable and procedurally fair inquiry.
