NEWS & ANALYSIS

The disciplinary action against the EFF a violation of natural justice

Mayibuye iAzania and Paki "Arfaat" Segele reply to Shareef Blankenberg

Response to a Democracy 101 lesson for the EFF

I won't repeat what Shareef Blankenberg has said to avoid tautology and rhetoric's. Clearly he misunderstood the issues as argued by EFF on not recognizing the procedure, process and the so called disciplinary hearing. This is my understanding of what is being argued by the EFF.

In a constitutional democracy like SA we have to abide by the rules in this instead I will try to enlightened you firstly in the history of our country and secondly on the issues relating to the rule of law.

Robert Sobukwe when addressing the court had said "I challenge the right of this court to hear my case, Firstly I fear that I will not be given a fair trial. Secondly, I consider myself neither legally nor morally bound to obey laws made by a parliament in which I have no representation." (Old Synagogue Court Pretoria 7th November 1962) This would be easy for you to understand since you will agree that the system then was oppressive and undemocratic. The question is, are we experiencing the same situation now.

Fast forward the events of the 07 October 2014 a month before what Sobukwe has said in a colonial court in 1962, the EFF has said it will not abide by the rules as they are undemocratic and unconstitutional which has nothing to do with issues of representations in parliament but unjust and unconstitutional laws. The principles of natural justice concern procedural fairness and ensure a fair decision is reached by an objective decision maker.

In the current format of the rules of parliament and the procedure adopted by the powers and privileges committee of parliament these principles were not followed, maintaining procedural fairness protects the rights of individuals and enhances public confidence in the process which if one understand the representation by the EFF is not there and would not be achieved by insisting on proceeding with the hearing.

The law schools also teaches us that in this instances (Natural justice principles) the word used to refer to situations where audi alteram partem (the right to be heard) and nemo judex in parte sua (no person may judge their own case) apply.

The ANC and other liberation movements have fought for us to have these basic rights. I am disturbed that for a narrow political strength they will go the route they took by proceeding with the case. It is a fact, currently that the prosecutor is the ANC, the presiding authority is the ANC and the witnesses are the ANC.

In borrowing from Sobukwe "I consider EFF neither legally nor morally bound to obey laws made by outdated apartheid parliament.

Mayibuye iAzania

Paki "Arfaat" Segele

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