JUDGMENT IN THE DA COURT CASE

12 May 2015

The Office of the ANC Chief Whip notes the ruling by the Western Cape High Court in the case brought by the Democratic Alliance regarding the constitutionality of Section 11 of the powers and privileges Act of 1994. From the onset, it must be stressed that the DA’s case had nothing to do with the conduct or decision of the Speaker of the National Assembly regarding the removal of disruptive EFF MPs during the state of the nation address on 12 February 2015.

The Speaker’s decision on that day, taken firmly in line with the powers and privileges act and the rules of the Assembly, remains correct and valid – and there is no court order against it.

The DA’s court application was neither intended to challenge the constitutionality of the Speaker’s ruling nor her conduct. The DA’s case was merely an academic exercise which wanted the court to constitutionally interpret section 11 of the powers and privileges act, including if MPs may be arrested for the utterances which are protected under section 58 of the Constitution, i.e. freedom of speech in the House.

Indeed it has never been the intention of either the presiding officers or the Act to arrest MPs on the basis of their utterances. The Act only directs presiding officers to call for the arrest of MPs strictly for criminal offences. No MPs has ever been arrested for utterances made in Parliament as MPs’ freedom of speech is jealously guarded in the Constitution.

The Western Cape High Court’s provisional judgment, which deals specifically with the potential for part of Section 11 being incorrectly interpreted to mean ‘arrest for MPs for utterances’, has been referred to the Constitutional Court for a final decision.

The DA’s claim that this judgment represent some sort of victory against the Speaker of Parliament or the institution is grossly misleading.

Statement issued by the Office of the ANC Chief Whip, May 12 2015