EFF loses again in another court bid to be at Sona

The EFF has lost yet another court application in its bid to attend Thursday night’s state of the nation (Sona) address by President Cyril Ramaphosa.

The Western Cape High Court dismissed with costs on Tuesday the party’s urgent application for an interim interdict to prevent parliament from implementing its new rules, which were adopted in December. The rules prohibit MPs from interrupting the state of the nation address and provide for the removal of MPs from the chamber if they engage in gross disorderly conduct.

Last year EFF members had repeatedly interrupted Ramaphosa’s speech and had to be forcibly removed when they stormed the stage. The six involved were found guilty of contempt of parliament and gross disorderly conduct. Their sanction by the National Assembly included their suspension from parliamentary activities during the month of February during which the state of the nation address is held.

The court held the EFF failed to provide any evidence to substantiate its claim that the amended rules were only adopted as a means to “target” them, as all other political parties would be subjected to the same rules.

The court added that it also saw no correlation between the adoption of the amended rules and a perceived ulterior political motive, as the EFF argued.

In its submission to the court, parliament said that since the 2015 state of the nation address the EFF had attempted with premeditation to collapse the address and prevent the president from addressing parliament.

Parliament argued that the address is ceremonial and not a debate, nor is it an engagement. Therefore the EFF could not claim freedom of speech is stifled by the adoption of the rules.

The court emphasised the separation of powers for all arms of the state and reaffirmed parliament’s right to regulate its own procedures and processes. There were no exceptional circumstances that justified a breach of the separation of powers doctrine.

THE RULES PROHIBIT MPS FROM INTERRUPTING THE ADDRESS AND PROVIDE FOR THE REMOVAL OF MPS