Mohlaloga v Speaker of the National Assembly of the Republic of South Africa (7082/2018) [2019] ZAWCHC 31 (26 March 2019)

Mohlaloga v Speaker of the National Assembly of the Republic of South Africa (7082/2018) [2019] ZAWCHC 31 (26 March 2019)

The court held that the applicant was not entitled to an interim interdict restraining the National Assembly from exercising its statutory oversight function under section 8 of the ICASA Act. The power to determine disqualification and removal is vested in Parliament, not the courts, and judicial intervention would be inappropriate absent exceptional circumstances. The applicant's interests in retaining office and remuneration were subordinate to the public interest in the integrity and effective functioning of ICASA. The alleged undertaking by the Deputy Speaker was not binding, and the applicant's interpretation of section 6(1)(j) was inconsistent with the statute's plain language and...

Citation
[2019] ZAWCHC 31
Parties
Applicant: Rubben Manyaba Mohlaloga; Respondent: Speaker of the National Assembly of the Republic of South Africa; Respondent: Four others
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
26 March 2019
Case Number
7082/2018
Procedural Posture
Urgent Application / Application for Urgent Interim Interdict Before Judgment on Merits
Outcome
Application dismissed with costs.
Judges
Binns-Ward
Legal Topics
Removal From Public Office, Separation of Powers, Statutory Interpretation, Interim Interdict, Public Interest, Parliamentary Oversight
Administrative Law Constitutional Law Removal From Public Office Separation of Powers Statutory Interpretation Interim Interdict Public Interest Parliamentary Oversight

Case Brief

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Parties

Rubben Manyaba Mohlaloga

Applicant

Speaker of the National Assembly of the Republic of South Africa

Respondent

Four others

Respondent

Procedural Posture

Urgent Application / Application for Urgent Interim Interdict Before Judgment on Merits

Legal Issues

  1. 1 Whether the applicant is entitled to an interim interdict restraining the National Assembly from adopting a resolution for his removal from office pending the final determination of his appeal against conviction.
  2. 2 Whether the proceedings in the National Assembly breached an alleged undertaking by the Deputy Speaker to await the outcome of the applicant's appeal.
  3. 3 Whether, on a proper interpretation of section 6(1)(j) of the ICASA Act, a pending appeal against conviction suspends disqualification from office.

Ratio Decidendi

The court held that the applicant was not entitled to an interim interdict restraining the National Assembly from exercising its statutory oversight function under section 8 of the ICASA Act. The power to determine disqualification and removal is vested in Parliament, not the courts, and judicial intervention would be inappropriate absent exceptional circumstances. The applicant's interests in retaining office and remuneration were subordinate to the public interest in the integrity and effective functioning of ICASA. The alleged undertaking by the Deputy Speaker was not binding, and the applicant's interpretation of section 6(1)(j) was inconsistent with the statute's plain language and...

Court Disposition

Application dismissed with costs.

Orders

  • The application for an interim interdict is dismissed.
  • The applicant is ordered to pay the costs, including costs previously stood over for later determination.