DA questions legality of EFF MPs' removal after they stormed Sona stage

President Cyril Ramaphosa’s protectors sprang across the stage of the Cape Town city hall to form a wall around the president while parliament’s protection officers and the police's special task force physically forced out EFF MPs who had charged towards Ramaphosa.

It looked dramatic as the president’s protectors, some in camouflage and masked, surrounded Ramaphosa who remained seated on the stage while the EFF MPs were being ejected from the joint sitting of parliament where Ramaphosa was to deliver his seventh state of the nation address.

The EFF MPs, who were being forced out of the venue for disruptive behaviour, had suddenly sprung onto the stage and charged towards Ramaphosa.

Parliament, and likely the courts, may have to decide whether it was legal for members of the security services to enter the chamber without the express instruction of the speaker.

DA leader John Steenhuisen raised concerns about this, questioning the legality of armed security officers entering the chamber before being instructed to do so by speaker Nosiviwe Mapisa-Nqakula. He said it  was intimidating to MPs.

In terms of the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act, members of the security services may enter the parliamentary precincts for the purpose of performing any policing function in the precincts only with the permission and under the authority of the speaker or the chair.

But “when there is immediate danger to the life or safety of any person or damage to any property, members of the security services may without obtaining such permission enter upon and take action in the precincts insofar as it is necessary to avert that danger,” reads the act. “Any such action must as soon as possible be reported to the speaker and the chairperson,” reads the act.

Moments earlier Mapisa-Nqakula had called in the parliamentary protection services to remove the MPs.

It all began as Ramaphosa uttered the words “Madam speaker” to begin his annual address.

Malema, rising on a point of order, objected to Ramaphosa’s address, saying he should not be allowed as he had taken parliament to court over the section 89 panel report.

“We are violating the joint rules of this house by allowing Mr Ramaphosa to speak — he has taken this parliament to court.

“And by taking this parliament to court he can't have his cake and eat it because until the court has resolved on the matter, he has no leg to stand on before us as a legitimate body and address us,” he said.

Malema wanted Mapisa-Nqakula to declare the meeting closed, saying Ramaphosa had no right to even convene the joint sitting.

When Malema was ruled out of order, his deputy Floyd Shivambu tried to raise similar points.

The EFF MPs were not the first to be thrown out of the house though. That honour went to African Transformation Movement leader Vuyo Zungula who was ejected within the first 15 minutes for disobeying Mapisa-Nqakula’s ruling.

“I have called you thrice now. Rule 14G allows that if the presiding officer is of the view that a member is deliberately contravening a provision — that is exactly what you have done, I request you to leave the house,” said Mapisa-Nqakula.

Zungula had challenged Mapisa-Nqakula’s reading of the rules at the beginning of the session. He also charged that Ramaphosa was an illegitimate president due to the Phala Phala scandal.

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