The EFF calls on the Speaker of the National Assembly to withdraw remarks on the courts

18 March 2015

The Economic Freedom Fighters calls on the Speaker of the National Assembly to withdraw her ruling about court decisions not applying to parliament. During the debate of the motion of no confidence on President Zuma yesterday, Baleka Mbete insisted that court decisions do not apply to parliament since parliament is a different arm of the state.

Mbete was arguing that members of parliament cannot say Jacob Zuma is a thief. The Constitutional Court however ruled that it is not incorrect to say Jacob Zuma is a thief; that the constitutional provision for freedom of speech provides that we could say so. Mbete however remarked that the constitutional court could never tell parliament what to do.

These are unfortunate remarks because it is parliament that passed a constitution which empowers the constitutional court to have a final say on what laws, rules and practices are consistent with the constitution. This is in turn is consistent with the principle of the supremacy of the constitution and the constitutional court.

This ruling of Mbete is similar in substance with her remarks that Jacob Zuma is not equal to members of parliament. This is in particular because she said this when asked to apply parliament rules consistently on the president, to demonstrate that we are all equal before the rules and the law.

The speaker is encouraging disrespect of the courts and rubbishing the rule of law. Her comments are undemocratic, unconstitutional and unwise. The EFF calls on her to withdraw these remarks and clarify that the constitutional court, as per the constitution, which is itself a law passed by parliament, has a final say on the constitutionality of laws, rules and practices, including on whether utterances are parliamentary or not.

What is even more sickening is that the minister of justice and correctional services, Michael Masutha, who is charged with overseeing these institutions of law could not rise above and defend the rule of law. Instead he stood to play spin doctor on the courts' rulings, arguing that the matter had to do not with what is parliamentary or not, but freedom of speech during elections. Masutha however then ignored the dangerous and undemocratic remarks of the speaker that court decisions do not apply to parliament.

No one is above the law, not members of parliament, the speaker, cabinet and the constitution. This is a principle we must all defend and it serves as a cornerstone of our democracy without which anarchy and dictatorship would reign.

Statement issued by the Economic Freedom Fighters, March 18 2015

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