EFF heads to court to interdict suspension of Malema, Shivambu and others

The Economic Freedom Fighters (EFF) is expected to head to court on Monday to interdict the suspension of six MPs from Parliament for disrupting the State of the Nation Address (Sona).

The six MPs – Julius Malema, Floyd Shivambu, Mbuyiseni Ndlozi, Marshall Dlamini, Sinawo Tambo and Vuyani Pambo – want to stop their suspension from the National Assembly.

They also want to halt the docking of one month’s salary.

Deferring the matter

Parliaments legal advisor Andile Tetyana said the EFF MPs have written to Parliament requesting that the matter be moved to 2024.

However, the matter was already set down for Monday, according to EWN.

Andile Tetyana said the EFF wants to defer the matter.

“They are asking us to say, they don’t want to go to court on Monday anymore regarding this matter. They want us to negotiate so that they go to court in the middle of January or towards the end of January,” said Tetyana.

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Legal challenge

The EFF had announced its intention to legally challenge the hearing by Parliament’s Powers and Privileges Committee against The MPs last week.

The sanction against the MPs stems from an incident at this year’s State of the Nation Address, where EFF members protested on stage during President Cyril Ramaphosa‘s speech in the Cape Town City Hall.

Malema, Shivambu, Mbuyiseni Ndlozi, Marshall Dlamini, Sinawo Tambo and Vuyani Pambo were protesting against “constitutional delinquent” Ramaphosa’s address amid the Phala Phala saga.

The speaker briefly suspended proceedings and called on security guards to remove them.

Contempt

Parliament’s Powers and Privileges Committee last week found the six EFF MPs guilty of contempt of Parliament.

Should they fail in their bid to interdict Parliament from sanctioning them, they also face being suspended from 1 February until 29 February 2024 – meaning they won’t be able to attend the Sona in 2024.

EFF’s legal representative Advocate Tembeka Ngcukaitobi had made an application for a postponement on the basis that Parliament had 10 months to prepare its case but gave MPs only 10 days to prepare their defence.

Additional reporting by Vhahangwele Nemakonde

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