Parly hearings against EFF MPs proceed in their absence amid threat of legal action

The Economic Freedom Fighters (EFF) has announced its intention to legally challenge the ongoing hearing by Parliament’s Powers and Privileges Committee against six of its MPs.

The charges stem 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.

Julius Malema, Floyd 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.

The six EFF members now face charges of conduct constituting contempt of Parliament in terms of the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act, 2004.

Parliament vs EFF

On Monday, the Powers and Privileges Committee dismissed an application by the EFF to postpone the hearing to next year.

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.

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The EFF also took issue with the ANC members dominating the committee, arguing there was bias.

It called for an independent individual such as a judge to be appointed to hear the matter “to remove the stain of bias”.

“The hearings have a pre-determined outcome,” Ngcukaitobi said.

In dismissing the application, initiator Advocate Anton Katz argued that Rules 154 and 155 of the Rules of the National Assembly are clear on how the Powers and Privileges Committee should be constituted.

“And unless and until those particular Rules have been declared invalid for whatever reason, this committee is entitled to sit in the capacity it sits in, which is to give effect to Section 12 and 13 of the Powers, Privileges and Immunities Act of 2004,” Katz said.

Katz on Tuesday called the only witness, secretary to the National Assembly Masibulele Xaso, who gave his account of what happened on the day.

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The EFF has since withdrawn from the proceedings, claiming its sole purpose is to “suppress dissent” in Parliament, and “reinforce the protection of Ramaphosa”.

While the hearings proceed in the absence of the EFF MPs and their legal representative, the party said it would approach the courts to interdict the “sham proceedings”.

The hearings continue today.