Malema and stage-stormers seek interdict
EFF leader Julius Malema and the five other party members found guilty of contempt of Parliament for storming the stage during this year's State of the Nation Address have launched urgent legal action to interdict the punishments recommended against them from being carried out.
A News24 report says papers filed at the Western Cape High Court reveal that Malema, EFF deputy president Floyd Shivambu, secretary-general Marshall Dlamini, Vuyani Pambo, Mbuyiseni Ndlozi and spokesperson Sinawo Thambo launched an urgent legal bid to interdict their potential punishment before the often disruptive parliamentary hearing of the case against them had even happened.
In separate litigation, the EFF wants the High Court to order that the National Assembly rules and Powers, Privileges & Immunities of Parliament & Provincial Legislatures Act four of 2004 are unconstitutional ‘to the extent that they fail to provide sufficient guidelines and safeguards necessary to protect Parliament's process for disciplining Members of Parliament’.
Malema and his fellow stage-storming MPs want to be allowed to intervene in that case, which is due to be heard on 4 December, so that they – and the EFF MPs who face possible sanction for disrupting a parliamentary hearing when President Cyril Ramaphosa refused to answer their Phala Phala questions – can ask that disciplinary processes against them be stalled, pending the outcome of that legal action.
According to Malema, Parliament's disciplinary processes are tainted by the ANC's majority position in the National Assembly, and fail to ‘sufficiently curtail the opportunities for the ruling party to abuse its majority and punish its political opposition regardless of the lack of merit’.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.