DECISION OF THE WESTERN CAPE HIGH COURT ON EFF

23 December 2014

The Office of the ANC Chief Whip notes the decision of the Western Cape High Court to temporarily interdict Parliament from imposing sanctions against 20 EFF MPs found guilty by the institution of the charges of contempt of Parliament.

In presenting his judgment, Judge Dennis Davis was clear that the Court's decision relates only to the interim interdict, not to the merits of the case, the fairness or otherwise of the parliamentary disciplinary process, or the penalties imposed by Parliament. The interim therefore only serves to delay the implementation of the sanctions against the EFF MPs, not to scrap or declare them unlawful.

As the Judge himself emphasised, Parliament is constitutionally entitled to determine its own rules and conventions regarding the management of its internal affairs. The Court, as an independent arm of state, may not unnecessarily interfere in the internal arrangements, proceedings and processes of Parliament (also an independent arm of the state) in terms of the constitutional doctrine of separation of powers.

In this regard, we remain firm in our view that the disciplinary process was fair, just, open and transparent and would stand any judicial scrutiny.

Statement issued by the Office of the ANC Chief Whip, December 23 2014

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