Cape Town - The EFF said it would make a decision this morning on whether it would participate in tonight’s State of the Nation Address (Sona), after the party’s urgent application challenging the Joint Rules of Parliament was dismissed by the Western Cape High Court on Tuesday.
Chapters 1 to 2B of the Joint Rules of Parliament were amended on 6 December last year to prevent MPs from interrupting the president when he delivers the Sona.
The rules were further meant to enforce discipline in the House and deal with disruptions.
In its judgment, the court held that the EFF had failed to provide any evidence to substantiate its claim that the rules were only adopted as a means to target the party.
The Red Berets first lost their application to get the suspension lifted against party leader Julius Malema and five other members from attending the Sona.
Parliament has since welcomed the judgment, saying in its submission to the court that Parliament admitted that the rules had to be amended on several occasions owing to the unprecedented deviations from established practice since 2014.
Parliament also submitted that, since the 2015 Sona, the EFF had attempted, with premeditation, to collapse the event and prevent the president from addressing Parliament.
Parliament spokesperson Moloto Mothapo said: “Parliament argued that the Sona is ceremonial and not a debate, nor is it an engagement.
“Therefore, the EFF cannot claim that their freedom of speech is stifled by the adoption of the Joint Rules.”
He added: “The court emphasised the importance of respecting the doctrine of the separation of powers for all arms of the state. It further added that there existed no exceptional circumstances for it to breach the separation of powers doctrine and reaffirmed Parliament’s right to regulate its own procedures and processes.”
Dismissing the EFF’s urgent application, Western Cape High Court Judge Deidre Kusevitsky said the courts reiterated the separation of powers and the duty and obligation for all arms of state, at all costs, to be mindful thereof and not usurp its powers.
Addressing students in KwaZulu-Natal, Malema said when they were in Parliament, they fought for the land.
“We fought with Zuma, and he never banned us from going to Parliament,” he said.
“Today, they say, a man who is the most democratic and transparent and who is not corrupt has banned the EFF from participating in the State of the Nation Address.”
Asked what the next step for the EFF would be after Parliament’s new rules and the High Court order, EFF MP Nazier Paulsen said they were awaiting the tabling of the judgment this morning at 10am, and from there they would decide on the way forward.