Parliament welcomes the Western Cape High Court judgment which dismissed, with costs, the Economic Freedom Fighters’ (EFF’s) application to have the conduct of Parliament against its members during the 2015 and 2017 State of the Nation Address (SoNA) declared unconstitutional.

The High Court on Monday dismissed the application which sought a declaratory order.

The EFF brought the application to the High Court in April, alleging they were violently removed from the 2015 and 2017 SoNA in a manner that was “unlawful and unconstitutional.”

The EFF sought an order declaring that Parliament acted unconstitutionally by ordering the EFF members to be ejected, which led to the Parliamentary Protection Services removing members from the house, which the EFF said was done with unreasonable force, violence and aggression. The EFF also sought constitutional damages, contingent upon the granting of the declaratory order sought.

In the application, the party contended that the Presiding Officers used their powers to frustrate MPs who were genuinely exercising their right to freedom of speech and fulfilling their obligations in terms of the Constitution and the law.

Parliament refuted these allegations stating that the EFF members, like other MPs, enjoy the equal right to freedom of expression, and that it was undemocratic for the EFF members to act in a manner which contravened the parliamentary rules by deliberately attempting to collapse SoNA.

“…in its judgment, the court noted that ejecting the EFF members was done as a last resort and was necessary to ensure that the programme of the day continued without unnecessary interruptions,” Parliament explained.

It added that the court further found no evidence that any gratuitous violence was used in ejecting the EFF members, or that their constitutional rights were violated in any way.

Parliament said it remained committed to protecting and enabling the institution to perform its constitutional obligations diligently and without undue interference.

The House will continue to perform its functions with respect for the decorum required by the Constitution and its rules and will do so in the best interest of the people of South Africa, Parliament said.