Judg­ment re­served on Juju evic­tion

The Star Early Edition - - POLITICS -

COUN­SEL for EFF leader Julius Malema ar­gued yes­ter­day that Thandi Modise’s evic­tion of Malema from Par­lia­ment for say­ing the ANC “mur­dered” min­ers at Marikana was il­le­gal.

Ad­vo­cate Wim Tren­gove SC re­jected ar­gu­ments by coun­sel for Par­lia­ment in the Western Cape High Court that Malema’s state­ment was un­par­lia­men­tary, be­cause, by re­fer­ring to the gov­ern­ment, which in­cludes all min­is­ters, he had by im­pli­ca­tion made an un­par­lia­men­tary remark about MPs.

“We sub­mit that this chain is flawed,” said Tren­gove.

“To say that gov­ern­ment al­ways means MPs is to turn this rul­ing into one that un­der­mines free­dom of speech.”

He said that while the gov­ern­ment may some­times be un­der­stood to in­clude min­is­ters and MPs, Malema had been ex­plicit that he was re­fer­ring to the po­lice. “We don’t have to won­der what he meant be­cause Mr Malema told us: ’I mean the po­lice’.”

Malema launched a le­gal chal­lenge on the rul­ing by Modise, the chair­woman of the Na­tional Coun­cil of Prov­inces, in July, on the ba­sis that his state­ments fell un­der the pro­tec­tion of the con­sti­tu­tion.

Judge Lee Boza­lek re­served judg­ment.

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