The Western Cape high court has upheld the sanctions meted out against Economic Freedom Fighters (EFF) leader Julius Malema and five other party members after they were found guilty of contempt of parliament. (Photo by Jeffrey Abrahams/Gallo Images via Getty Images)
The Western Cape high court has dismissed the urgent application brought by Economic Freedom Fighters (EFF) leader Julius Malema and five other party members after they were found guilty of contempt of parliament.
Malema, deputy president Floyd Shivambu, secretary-general Marshall Dlamini, as well as senior EFF members Vuyani Pambo, Mbuyiseni Ndlozi and party spokesperson Sinawo Thambo had approached the court on Monday to overturn the sanctions imposed against them by parliament’s powers, privileges and immunities committee.
The sanctions will prevent them from attending President Cyril Ramaphosa’s State of the Nation address (Sona) on 8 February.
On Tuesday, Judge Nathan Erasmus ordered that the matter be struck from the roll because the EFF had submitted its documents late.
“By allowing litigants to ignore court orders that they have agreed to and without proper explanation, will bring justice into disrepute. I am mindful of this matter and that the applicants might not get the relief before the next State of the Nation Address (Sona) or budget speech,” Erasmus said. “The applicants shall pay the cost of the application jointly and severally.”
In December 2023, the parliament committee found the group guilty after storming the stage with placards during Sona in February of that year.
The sanctions against the six MPs also included suspending their pay for February and compelling them to apologise to Ramaphosa for threatening him on stage.
In a statement, parliament spokesperson Moloto Mothapo welcomed the court’s decision.
“The EFF’s imposed unreasonable time frames and their filing on midnight before the next court day not only inconvenienced parliament and the court but also indicated their lack of readiness for their application to be heard,” Mothapo said.
The six EFF members will also miss the debate about Sona in the legislature. This year’s State of the Nation address comes ahead of national and provincial elections.
In an affidavit filed ahead of Monday’s hearing Malema condemned MPs from Ramaphosa’s ANC who voted in favour of the sanctions, saying they were not acting in good faith but were “intent on proving their loyalty to the president at a time when the ANC is selecting members for the next electoral process”.
The EFF wanted the court to declare parliament’s powers, privileges and immunities rules, as well as the Provincial Legislatures Act, unconstitutional and unlawful.
Parliament’s advocate Michael Bishop argued that despite the EFF’s challenge of the process, there was nothing wrong with the procedure followed because it was endorsed by all parties, not just the ANC.
The ANC’s members make up 61% of the committee, while the Democratic Alliance, the EFF, Africa Transformation Movement and the Inkatha Freedom Party account for 39%.
Bishop added that the timing of the sanctions was to ensure that members who were charged were punished before the current parliament’s term ended.
“Some of the EFF’s MPs may not return after the [2024] general elections, and then the sanction cannot be executed against the affected members,” Bishop said, adding that the EFF still had 38 members left in the National Assembly, with the suspension of the six.
“It is certainly not a serious violation for any voter out there,” he said.