Lekota and Another v Speaker, National Assembly and Another (14641/12) [2012] ZAWCHC 385; 2015 (4) SA 133 (WCC) (11 December 2012)

Lekota and Another v Speaker, National Assembly and Another (14641/12) [2012] ZAWCHC 385; 2015 (4) SA 133 (WCC) (11 December 2012)

The court held that the Speaker acted within her lawful authority and discretion in ruling that the applicant's remarks regarding the President were out of order, as such remarks constituted a serious reflection on the President's integrity and could only be made by way of a substantive motion in terms of the standing order. The Speaker's decision was not arbitrary or irrational, and the sanction imposed for the applicant's refusal to withdraw the remarks was justified and consistent with parliamentary practice. The Promotion of Administrative Justice Act did not apply, as the rulings concerned the legislative functions of Parliament and its internal workings. The application was...

Citation
[2012] ZAWCHC 385
Parties
Applicant: Mosiua Lekota; Applicant: Congress of the People; Respondent: Speaker, National Assembly; Respondent: Deputy Speaker, National Assembly
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
11 December 2012
Case Number
14641/12
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed.
Judges
P B Fourie, A Le Grange, R C A Henney
Legal Topics
Freedom of Speech in Parliament, Parliamentary Privilege, Standing Orders, Constitutional Review, Judicial Deference, Costs in Constitutional Litigation
Constitutional Law Civil Procedure Freedom of Speech in Parliament Parliamentary Privilege Standing Orders Constitutional Review Judicial Deference Costs in Constitutional Litigation

Case Brief

Summary, issues, holding and outcome

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Parties

Mosiua Lekota

Applicant

Congress of the People

Applicant

Speaker, National Assembly

Respondent

Deputy Speaker, National Assembly

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the Speaker's ruling that the applicant's remarks were out of order violated the applicant's constitutional right to freedom of speech in Parliament.
  2. 2 Whether the exclusion of the applicant from the National Assembly constituted a disproportionate sanction.
  3. 3 Whether the Promotion of Administrative Justice Act applies to the rulings of the Speaker in the context of parliamentary proceedings.

Ratio Decidendi

The court held that the Speaker acted within her lawful authority and discretion in ruling that the applicant's remarks regarding the President were out of order, as such remarks constituted a serious reflection on the President's integrity and could only be made by way of a substantive motion in terms of the standing order. The Speaker's decision was not arbitrary or irrational, and the sanction imposed for the applicant's refusal to withdraw the remarks was justified and consistent with parliamentary practice. The Promotion of Administrative Justice Act did not apply, as the rulings concerned the legislative functions of Parliament and its internal workings. The application was...

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.
  • No order as to costs is made.