The Western Cape High Court has struck from the roll, with costs, an urgent application by ANC MP Mervyn Dirks challenging his precautionary suspension.
Judge Andre le Grange said Dirks failed to set forward circumstances that rendered his case urgent, and he could also not state the reasons why he thought he could not get recourse later.
Dirks’ lawyers were pushing for the reinstatement of his membership of parliament’s standing committee on public accounts (Scopa) before the committee’s meeting scheduled for 4pm on Tuesday.
At that meeting Dirks was expected to make his representations on the basis for his complaint and for the committee to decide on the matter.
However, with his membership of Scopa withdrawn, he loses his voting rights in the committee and cannot participate in its decision-making, including on how the committee deals with a complaint he brought before it, argued his lawyer, advocate Nikiwe Nyathi.
Nyathi said ANC chief whip Pemmy Majodina’s placing Dirks on precautionary suspension was not in compliance with the party’s constitution and with the rules of the National Assembly.
She said Dirks would not be afforded any substantial recourse because when the committee meets and votes, he would be without his voting right because of an “unlawful removal or suspension” from Scopa.
“Whatever decision is made this afternoon by Scopa would be by virtue of an unlawful decision made by the office of the ANC chief whip to place him on precautionary suspension,” said Nyathi.