EFF MPLs fail in bid for court interdict

A LAST minute court bid by Eastern Cape EFF leaders to interdict the Eastern Cape legislature from evicting their two MPLs from yest sitting for wearing their trademark red overalls failed.

As a result, the two EFF MPLs were chased out of yesterday’s State of the Province address (Sopa) delivered in Bhisho by premier Phumulo Masualle for being inappropriately dressed.

The party, whose two MPLs, Siyabulela Peter and Litha Zibula, have been consistently removed from the legislature sittings for wearing what is deemed as “inappropriate clothing”, had applied for an urgent interdict in the Bhisho High Court on Wednesday.

Their application was meant to urgently interdict the institution from evicting them for wearing their red overalls and hard hats during Masualle’s address yesterday.

They had argued that the legislature’s dress code policy adopted in 2015, was unconstitutional and that it should be reviewed to allow them to be able to attend the Sopa in their trademark red overalls and hard hats.

However, the court ruled that the matter was not urgent and that the legislatu dress code policy was in no way unconstitutional.

As a result, the Bhisho High Court Judge Gerald Bloem dismissed their urgent application on Thursd while ordering the party to pay all court costs related to the application.

Making his ruling, Judge Bloem emphasised he could not comprehend how the matter had all of a sudden become so urgent because of yesterday’s Sopa, when the policy in question had been in existence since 2015.

Bloem later agreed with the arguments of legislatu legal team that there would be no harm suffered by members of the EFF or any other MPL for that matter, if they were “appropriately dressed”.

Legislature speaker Noxolo Kiviet yesterday welcomed the ruling, saying she was pleased the institution’s standing rules of order, as well as policies, were found to be valid and binding.

She said such policies were a product of consultative processes of multiparty structures where minority parties, including the EFF, were also represented.

Speaking to the Saturday Dispatch yesterday, just moments after they were chased out of a Sopa sitting, Peter said they were disappointed because all they wanted to do before leaving the house sitting was to register the importance of allowing MPLs to discuss the dress code policy in a portfolio committee meeting.

“We were not there to disrupt, but to speak. However, we were not even allowed to speak,” said Peter.

The two EFF MPLs have in the past been forcefully evicted from legislature sittings since they assumed office in 2014 for allegedly dressing “inappropriately”.

Last November, when President Jacob Zuma touched down in the province to address a joint legislature and National Council of Provinces’ sitting in East London, the duo were again subjected to the same treatment.

In a video that transpired after the incident, the EFF MPLs were seen being manhandled while they later claimed they were assaulted by legislature staffers.

As a result, Zibula opened a case of assault at the Beacon Bay Police Station against the legislature, Kiviet and the institution’s sergeant-at-arms, Thembekile Mzantsi, who allegedly led their violent eviction. — asandan@dispatch.co.za with additional reporting by Zingisa Mvumvu