Western Cape High Court dismisses EFF application to prevent Parliament from applying joint rules

6 February 2024

The Western Cape High Court has dismissed, with costs, the Economic Freedom Fighters’ (EFF) application for an interim interdict to prevent Parliament from implementing chapters 1 to 2B of the Joint Rules of Parliament.

Adopted on 6 December 2023, Chapter 1 to 2B of the Joint Rules deals with, among others, that no member may interrupt the President when he delivers the State of Nation Address and the removal of Members of Parliament from the Chamber.

In its judgement delivered today, the court held that the EFF failed to provide any evidence to substantiate their claim that the amended rules were only adopted as a means to “target” them as all other political parties would be subjected to the impugned rules.

The court added that it also saw no correlation between the adoption of the amended rules and a perceived ulterior political motive, as the EFF argued.

In its submission to the court, Parliament admitted that the rules had to be amended on several occasions due to the unprecedented deviations from established practice since 2014. Parliament also submitted that the EFF has, since the 2015 SONA, attempted – with premeditation – to collapse SONA and prevent the President from addressing Parliament.

Parliament argued that the State of the Nation Address is ceremonial and not a debate, nor is it an engagement. Therefore, the EFF cannot claim that their freedom of speech is stifled by the adoption of the Joint Rules.

The Court emphasised the importance of respecting the doctrine of the separation of powers for all arms of the state. It further added that there existed no exceptional circumstances for it to breach the separation of powers doctrine and reaffirmed Parliament’s right to regulate its own procedures and processes.

Issued by Moloto Mothapo, Media Officer, Parliament, 6 February 2024