PoliticsPREMIUM

EFF says court’s decision to ban it from Sona is ‘suppressive’

The EFF's attempt to have the High Court overturn a decision to suspend the party from parliament for a month has failed

EFF leader Julius Malema. Picture: SUNDAY TIMES/ESA ALEXANDER
EFF leader Julius Malema. Picture: SUNDAY TIMES/ESA ALEXANDER

The EFF is fuming over the Western Cape High Court’s ruling preventing six senior members from attending next week's state of the nation address (Sona). An EFF application that sought to rescind their suspension as part of disciplinary sanctions after the protest at 2023’s Sona was struck off the roll. 

The EFF is strongly opposed to Ramaphosa's presidency and regularly disrupt his attempts to address parliament. The exclusion of six EFF members — EFF leader Julius Malema, deputy president Floyd Shivambu, secretary-general Marshall Dlamini, party spokesperson Sinawo Tambo, Vuyani Pambo and Mbuyiseni Ndlozi — from the Sona could possibly limit any possible disruption. 

Their exclusion is a result of the EFF’s failure in the Western Cape High Court, to overturn the decision of parliament's powers and privileges committee to suspend the party from February 1-29 for contempt of parliament, because of the disruption they caused to the 2023 Sona. They defied the order of the speaker of the National Assembly, Nosiviwe Mapisa-Nqakula, to leave the house because of the disruption, stormed the podium and were forcibly removed by the parliament's security services. 

The National Assembly endorsed the recommendation of the committee, which also required the EFF MPs found guilty to apologise to the National Assembly.

The court decided to strike the EFF's urgent application off the roll and dismissed it with costs. The party requested the court's leniency in accepting the late filing of their replies to the affidavit for the National Assembly and their heads of arguments in the matter. 

EFF spokesperson Sinawo Tambo said the ruling “underscores the suppressive nature of the executive’s attempts to stifle accountability and silence those who hold [President] Cyril Ramaphosa accountable”. 

Tambo insisted the protest was peaceful and stemmed from serious allegations against Ramaphosa regarding the theft of foreign currency at his Phala Phala game farm.

“The EFF was, and remains, concerned about the lack of adequate investigation and accountability regarding this discovery that was coupled with numerous illegal activities in attempts to recover what was stolen illicit currency.

“It was revealed that there had been clandestine investigations using state resources and the apparent co-ordinated cover-up by state institutions such as the Reserve Bank, and the Revenue Service, and the public protector’s office gave credence to the levels of criminality by the president.”

The EFF was being punished in the “climate of impunity” for emerging as a leading voice willing to speak out against corruption and demand transparency from the highest echelons of government. “It is not surprising that [parliament's] powers and privileges committee, which is predominantly constituted by members of the ANC, proceeded with disciplinary proceedings against our members.”

Tambo said it was evident the timing of the suspension, February, to exclude their members from the Sona, was nefarious and appeared to be an attempt to ensure Ramaphosa can deliver his Sona without facing scrutiny from the EFF.

Parliamentary spokesperson Moloto Mothapo said parliament concurred with the majority judgment of the court “that the responsibility lies with the applicant, in this case, the EFF, to ensure that they adhere to court rules and have a well-prepared case that is ripe for hearing.”

Mothapo said: “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.” The EFF’s application was dismissed with costs. 

The EFF challenged the constitutionality of certain provisions of the National Assembly rules as well as the constitutionality and lawfulness of the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act.

With TimesLive

ensorl@businesslive.co.za 

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