The Western Cape High Court will today hear a challenge by the Economic Freedom Fighters (EFF) to invalidate the National Assembly Rules that saw the legislative body take 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.
They were suspended without pay for 30 days after they were found guilty of contempt of Parliament following a disciplinary process.
The red berets are asking the court to declare as unconstitutional, unlawful and invalid the proceedings in which the six members were charged and found guilty of contempt of Parliament.
They seek the same in relation to a report by the Powers and Privileges Committee that recommended a penalty in the form of an apology to the President, the Speaker of Parliament and the people of South Africa.
The same relief is sought for the National Assembly’s decision to adopt the report of the committee.
Applicants argue that the alleged attack on how they were disciplined places in issue the unlawful and unconstitutional features 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.
They add that the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act provides that before a house may take any disciplinary action against a member, the matter must be enquired in accordance with a procedure that is reasonable and procedurally fair.
VIDEO | EFF seeks to block suspension of its MPs:
