ANC welcomes ruling on Malema's 'unparliamentary' remarks

2016-12-14 22:45
(Jenni Evans, News24)

(Jenni Evans, News24)

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Durban - The ANC Chief Whip welcomed a court judgment handed down on Wednesday dismissing EFF leader Julius Malema's application to overturn his removal from the National Assembly for making unparliamentary remarks.

The Western Cape High Court’s ruling affirmed the National Assembly rules and the authority they granted presiding officers to swiftly remove MPs who were disruptive or threatening to collapse proceedings, Jackson Mthembu said in a statement.

“The judgment further affirms the constitutional prerogative of Parliament to determine its own internal arrangements, proceedings and procedures to govern its business,” he said.

In September 2015, Parliament’s security services booted Malema from the National Assembly for calling Deputy President Cyril Ramaphosa a murderer for his role in the August 2012 Marikana shootings.

He refused to retract his statement. He was suspended from Parliament for five working days.

Malema wanted the court to overturn Parliament's decision to remove him for his conduct. In addition, he wanted the court to declare Parliament's employment of ex-police or military personnel to its security services unlawful. The court also rejected this, Mthembu said.

Mthembu said the court found the presiding officer acted reasonably and concurred with Parliament that Malema's behaviour was disruptive and warranted his removal.

The judge asserted that: “the Speaker, in my view, has shown beyond any doubt that there are instances of interference and disruption that justify the removal of a member who hamstrings and incapacitates Parliament from conducting its business”.

Mthembu said that according to the rules of the House, allegations of improper conduct against other members could not be made without a substantive motion supported by concrete evidence.

“It is common knowledge that Malema would not have any evidence to support his malicious political posturing, which makes his utterances abusive of the freedom of speech MPs enjoy in the House.”

EFF spokesperson Mbuyiseni Ndlozi said they would respond to the ruling later.


Read more on:    eff  |  julius malema  |  jackson mthembu  |  parliament

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