EFF lose 'Pay back the money' court case

The Economic Freedom Fighters have lost their bid in the Western Cape High Court to set aside a guilty verdict delivered by parliament's powers and privileges committee over its "Pay back the money" fracas on August 21 2014.

The party also wanted former ANC chairperson and National Assembly Speaker Baleka Mbete removed from her job.

During state President Jacob Zuma's address on August 21 members of the EFF heckled him – in their first year in parliament – during question time‚ shouting‚ "Pay back the money‚" and effectively halted proceedings.

In an application to the High Court on December 14‚ 2014‚ the EFF secured urgent interim relief to interdict Mbete‚ or anybody acting under her authority‚ from applying a decision taken by the National Assembly on November 27‚ 2014‚ to suspend EFF MPs without pay.

Judge Dennis Davis granted the interim order‚ pending the determination of a second leg of the party's application that related to fairness and procedures followed when it was decided to suspend them and dock their pay.

The African National Congress sitting in parliament agreed with the decision of the National Assembly that the MPs' conduct constituted contempt of parliament in terms of the Powers‚ Privileges and Immunities of Parliament and Provincial Legislatures Act and therefore warranted the harshest sanctions permitted in the Act.

The powers and privileges committee found 21 EFF MPs‚ including its leader Julius Malema and his deputy Floyd Shivambu‚ guilty of contempt of parliament – and suspended without pay 12 of the MPs for between 14 and 30 days‚ and fining the others the equivalent of 14 days' salary.

Malema and his members had repeatedly asked when‚ and how‚ Zuma would repay at least some of the R246-million taxpayer-funded security upgrades at his rural Nkandla estate.

The Speaker wrote a letter to Malema on August 26‚ stating that the manner in which the EFF members showed dissatisfaction to Zuma's reply had‚ among other things‚ impeded the performance by the House of its functions.

However‚ in court papers‚ the EFF argued that the National Assembly "failed to carry out or fulfil its obligation" under the constitution to hold the executive accountable‚ and to maintain oversight‚ in relation to the Nkandla security upgrades and public protector findings.

The court papers also argued that Mbete had failed to ensure that the National Assembly executed its constitutional mandate.

The EFF said at the time in their urgent application papers: "It is declared that Ms Baleka Mbete is not suitable to hold the position of Speaker of the National Assembly. The National Assembly is directed to take appropriate steps to initiate proceedings for the removal of Ms Mbete as Speaker of the National Assembly‚ forthwith."

EFF national spokesman Mbuyiseni Ndlozi was not immediately available for comment.

The court ruling was welcomed by parliament's presiding officers on Monday.

"Parliament welcomes the affirmation of the correctness of its internal due processes and the court's upholding of the sacrosanct constitutional principle of separation of powers‚" said parliament spokesperson Moloto Mothapo.

"The court thus concluded that the allegations of inconsistence (sic) and bias appear to be unfounded. The court also confirmed the Tloamma judgment that there is no constitutional or statutory impediment to the Speaker occupying a leadership position within her political party‚" Mothapo added.