The EFF welcomes the Western Cape High Court judgment that it is parliamentary to say “ANC government massacred workers in Marikana”

15 April 2015

The Economic Freedom Fighters welcomes the Western Cape High Court Judgment which ruled that it is well within the Rules parliament and the Constitution of the Republic of South Africa to say “the ANC government massacred workers in Marikana”. This is a victory of the voice of the working-class in parliament and the unconformable truth lived and experienced at the hands of the ANC government and the super exploitative white monopoly capitalism.

In 2014, during the State of the Nation debate, the CIC Julius Malema was called to order by the ANC when delivering his maiden speech after he said, “the ANC government massacred workers in Marikana”. The presiding officer, who is the chairperson of the NCOP, Thandi Modise, ruled that the CIC was wrong in saying the ANC government had killed workers and ordered him to withdraw his remark.

Judge J Bozalek ruled that, “the decision of [Thandi Modise] on the 19 June 2014 is reviewed and set aside”. This has to do with “her decision that statements made [CIC Julius Malema] are unparliamentary and do not accord with the decorum of this house”. He further said the following decisions are reviewed and set aside:

“[Thandi Modise’s] decision to ask the [CIC Julius Malema] to leave the house”

“[Thandi Modise’s] decision to request and order the [CIC] to withdraw his statements that “ANC government had massacred mineworkers in Marikana in that the police who killed them represented the ANC government”.

Judge J Bozalek also ruled that “the applicant’s costs, including the costs of two council are to be paid by [parliament].”

The CIC refused to withdraw his remark because doing so would be to allow censorship of the truth about what the workers of Marikana went through. It would mean the EFF accepts that their story must not be told with the precision it deserves within parliament.

The ruling demonstrates that the EFF possesses a superior understanding of our constitutional provisions, as well as the provisions of the rules of parliament in as far as freedom of speech is concerned. It further provides a good indication of what is going to happen to the case around the Powers, Privileges, and Immunities of Parliament Committee which recommended that EFF members were in contempt of parliament for asking the President to “Pay Back The Money”.

The EFF would like to reiterate that indeed the ANC government killed workers in Marikana and that to this day no one has been arrested, no one is in front of court answering the case of so brutal a mass murder.

The EFF will continue to raise the brutal murder of workers by Jacob Zuma’s government until those who are responsible face justice. The judgement comes at a strategic moment when the Marikana Commission has already handed its report to Jacob Zuma.

We therefore call on Jacob Zuma not to delay the justice of the workers any further, as they have been waiting for more than two years now, and release the report before the end of April, 2015. We further call on Cyril Rampahosa, Riah Phiyega, and Nathi Mthethwa to hand themselves to the police with immediate effect for the role they played in the massacre and save the country from having to pursue them.

Statement issued by the Economic Freedom Fighters, April 15 2015

Click here to sign up to receive our free daily headline email newsletter