Modise's Marikana order unlawful - Malema lawyer

2014-11-24 20:20
Thandi Modise (Picture: Beeld)

Thandi Modise (Picture: Beeld)

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Cape Town - Counsel for EFF leader Julius Malema argued on Monday that his eviction from Parliament by Thandi Modise for saying the ANC "murdered" miners at Marikana was unlawful.

Wim Trengove SC rejected arguments by counsel for Parliament in the Western Cape High Court that Malema's statement was unparliamentary, because, by referring to the government, which includes all ministers, he had by implication made an unparliamentary remark about MPs.

"We submit that this chain is flawed," said Trengove.

"To say that government always means MPs is to turn this ruling into one that undermines freedom of speech," he said.

Trengove said that while the government may sometimes be understood to include ministers and MPs, in this case Malema had been explicit that he was referring to the police.

"We don't have to wonder what he meant because Mr Malema told us: 'I mean the police'."

Malema launched a legal challenge to the ruling by Modise, the chairwoman of the National Council of Provinces in July, on the basis that his statements fell under the protection of the Constitution.

Judge Lee Bosalek reserved judgment.

Read more on:    eff  |  thandi modise  |  julius malema  |  cape town  |  politics  |  marikana inquiry  |  parliament 2014

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