The EFF has lost its bid in the Western Cape High Court to set aside a guilty verdict delivered by Parliament’s powers and privileges committee over its "Pay back the money" fracas on August 21 2014.
The party also wanted National Assembly speaker Baleka Mbete, a former ANC chairperson, removed from her job in Parliament.
During President Jacob Zuma’s address on the day in question, members of the EFF — in their first year in parliament — heckled him during question time.
The shouted "Pay back the money", referring to the money spent on upgrades to his Nkandla homestead, and in effect halted proceedings.
In an application to the High Court on December 14 2014‚ the EFF secured urgent interim relief to interdict Mbete‚ or anybody acting under her authority‚ from applying a decision taken by the National Assembly on November 27 2014 to suspend EFF MPs without pay.
Judge Dennis Davis granted the interim order‚ pending the determination of a second leg of the party’s application that related to fairness and procedures followed when it was decided to suspend them and dock their pay.
Parliament welcomes the affirmation of the correctness of its internal due processes and the court’s upholding of the sacrosanct constitutional principle of separation of powers.
— Parliament spokesperson Moloto Mothapo
The ANC sitting in Parliament agreed with the decision of the National Assembly that the MPs’ conduct constituted contempt of Parliament in terms of the Powers‚ Privileges and Immunities of Parliament and Provincial Legislatures Act, and therefore warranted the harshest sanctions permitted in the act.
The powers and privileges committee found 21 EFF MPs‚ including leader Julius Malema and his deputy Floyd Shivambu‚ guilty of contempt of Parliament.
The committee suspended without pay 12 of the MPs for between 14 and 30 days‚ and fined the others the equivalent of 14 days’ salary.
Malema and the other EFF members had repeatedly asked when‚ and how‚ Zuma would repay at least some of the R246m taxpayer-funded security upgrades at his rural Nkandla estate.
The speaker wrote a letter to Malema on August 26 2014, stating that the manner in which the EFF members had showed their dissatisfaction with Zuma’s reply had‚ among other things‚ impeded the House’s performance of its functions.
The EFF argued in court papers that the National Assembly had "failed to carry out or fulfil its obligation" under the Constitution to hold the executive accountable‚ and to maintain oversight‚ in relation to the Nkandla security upgrades and the public protector’s findings.
The party argued that Mbete had failed to ensure the National Assembly executed its constitutional mandate.
The EFF said at the time in its urgent application papers: "It is declared that Ms Baleka Mbete is not suitable to hold the position of speaker of the National Assembly. The National Assembly is directed to take appropriate steps to initiate proceedings for the removal of Ms Mbete as speaker of the National Assembly‚ forthwith."
EFF national spokesman Mbuyiseni Ndlozi was not immediately available for comment on the court ruling.
The court ruling was welcomed by Parliament’s presiding officers on Monday.
"Parliament welcomes the affirmation of the correctness of its internal due processes and the court’s upholding of the sacrosanct constitutional principle of separation of powers‚" Parliament spokesperson Moloto Mothapo said.
"The court thus concluded that the allegations of inconsistence (sic) and bias appear to be unfounded.
"The court also confirmed the Tloamma judgment that there is no constitutional or statutory impediment to the speaker occupying a leadership position within her political party‚" Mothapo said.
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