Economic Freedom Fighters and Others v Speaker of the National Assembly and Others (5554/2015) [2015] ZAWCHC 184; [2016] 1 All SA 520 (WCC) (8 December 2015)

Economic Freedom Fighters and Others v Speaker of the National Assembly and Others (5554/2015) [2015] ZAWCHC 184; [2016] 1 All SA 520 (WCC) (8 December 2015)

The court held that the constitutional challenge to the compulsory membership provisions of the PARMED Act cannot proceed until all office-bearers subject to compulsory membership are joined as parties, as their interests may be directly and substantially affected by the relief sought. The President, Chief Justice, and Minister of Finance are not appropriate representatives for these office-bearers, as neither the Constitution nor the statutory framework vests them with such representative authority in respect of medical aid scheme membership. The Leader of Government Business in the National Assembly is the appropriate representative of the national executive for purposes of rule 10A,...

Citation
[2015] ZAWCHC 184
Parties
Applicant: Economic Freedom Fighters and 60 Others; Respondent: Speaker of the National Assembly; Respondent: Chairperson of the National Council of Provinces; Respondent: Speakers of eight provincial legislatures; Respondent: PARMED Medical Aid Scheme
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
8 December 2015
Case Number
5554/2015
Procedural Posture
Constitutional Application / Interlocutory Judgment on Non Joinder and Procedural Objections
Outcome
Proceedings stayed pending joinder of all office-bearers subject to compulsory PARMED membership and the Leader of Government Business in the National Assembly.
Judges
Binns-Ward
Legal Topics
Joinder of Parties, Constitutional Invalidity, Compulsory Membership, Remedial Relief, Standing, Administration of Statutes
Constitutional Law Civil Procedure Joinder of Parties Constitutional Invalidity Compulsory Membership Remedial Relief Standing Administration of Statutes

Case Brief

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Parties

Economic Freedom Fighters and 60 Others

Applicant

Speaker of the National Assembly

Respondent

Chairperson of the National Council of Provinces

Respondent

Speakers of eight provincial legislatures

Respondent

PARMED Medical Aid Scheme

Respondent

Procedural Posture

Constitutional Application / Interlocutory Judgment on Non Joinder and Procedural Objections

Legal Issues

  1. 1 Whether the President, Chief Justice, and Minister of Finance are necessary parties to the constitutional challenge against the PARMED Act.
  2. 2 Whether all office-bearers compulsorily subject to PARMED membership must be joined as parties.
  3. 3 Whether the requirements of rule 10A of the Uniform Rules of Court have been satisfied in the context of this application.

Ratio Decidendi

The court held that the constitutional challenge to the compulsory membership provisions of the PARMED Act cannot proceed until all office-bearers subject to compulsory membership are joined as parties, as their interests may be directly and substantially affected by the relief sought. The President, Chief Justice, and Minister of Finance are not appropriate representatives for these office-bearers, as neither the Constitution nor the statutory framework vests them with such representative authority in respect of medical aid scheme membership. The Leader of Government Business in the National Assembly is the appropriate representative of the national executive for purposes of rule 10A,...

Court Disposition

Proceedings stayed pending joinder of all office-bearers subject to compulsory PARMED membership and the Leader of Government Business in the National Assembly.

Orders

  • Further proceedings in the application are stayed until the applicants have effected the joinder of every person (other than the applicants) referred to in paragraphs (a)-(e) of section 1 of the PARMED Act, as amended, and the Leader of Government Business in the National Assembly as respondents.
  • Costs of the non-joinder proceedings between the applicants and the first and second respondents shall be costs in the cause, including the costs of two counsel.