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Malema Heading to Court to Overturn Suspensions

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Malema Heading to Court to Overturn Suspensions Legalbrief | your legal news hub Sunday 26 September 2021 Malema heading to court to overturn suspensions The EFF will file an application for an urgent interdict today to stop Parliament from suspending and fining some of their MPs a month's salary, notes a Business Day report. EFF leader Julius Malema said this after the National Assembly debate that adopted the Powers and Privileges Committee report finding that he and 19 other EFF MPs were guilty of misconduct and bringing Parliament into disrepute. Malema said the EFF would not accept the decision of the Powers and Privileges Committee. 'You cannot have a fair process if the ANC is the judge, lawyer and policeman,' he said. He added the court papers were being served on Baleka Mbete last night and that the court hearings should start today. The report adds other opposition parties, particularly the DA, supported the EFF position that the Powers and Privileges Committee hearings were not fair and procedurally correct. A report in The Times notes the committee report was formally adopted just after 9pm, with the ANC using its majority to pass it with 210 votes against 111 from the opposition. Three MPs abstained. The charges stemmed from their disruption of President Jacob Zuma's reply to oral questions on 21 August when they voiced unhappiness about his responses to questions on the R246m security upgrades to his private Nkandla homestead. The report only had the support of the ANC after it was rejected by all opposition parties in the House, except Themba Godi's African People's Convention. Full Business Day report (subscription needed) Full report in The Times Earlier, a call by the EFF for a secret ballot on the report was vetoed by Deputy Speaker Lechesa Tsenoli, notes a report on the News24 site. 'We have people that side (the ANC side of the House) who want to vote against it,' EFF Chief Whip Floyd Shivambu told Tsenoli, pleading for a secret vote. 'The EFF requests... that we vote by secret ballot.' But Tsenoli told him there was no provision for a secret ballot in such circumstances. '(This) is only applicable in specific instances... when there is more than one candidate nominated for the position of President, Speaker or Deputy Speaker. Votes in the House have always been conducted in an open and transparent manner in the past. No secret ballot will be taken,' he ruled. Full report on the News24 site Tsenoli struggled to control the National Assembly during the suspension debate. Several EFF MPs rose to contest the speech of ANC MP Lemias Mashile introducing the debate on the report, eventually prompting Tsenoli to switch off the microphones at their benches. According to a report on the News24 site, Shivambu protested loudly, telling Tsenoli: 'Cutting off microphones is not one of the things you should do.' Tsenoli said he would do so again if the EFF continued to break the rules by interjecting without being recognised. At this, both Mbuyiseni Ndlozi and Sipho Mbatha began arguing that the Deputy Speaker had misread the rules, as there was no rule requiring MPs to raise their hands before they could be recognised to speak in the chamber. 'We feel undermined,' Ndlozi complained. The EFF was objecting to Mashile, who chaired the committee that found 20 EFF MPs guilty on contempt charges, saying that the committee had agreed not to call Speaker Baleka Mbete and MPs as witnesses. They pointed out that this represented only the view of the ANC, because other parties on the committee had urged that they be called as witnesses. Malema said Mashile was lying when he said the committee agreed not to 'call Baleka' and other witnesses. When Tsenoli urged him to respect the rules by prefacing any direct reference to Mbete and Mashile as 'honourable' as customary, he snapped: 'There is nothing honourable about Mashile.' Full report on the News24 site.
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