Speaker of National Assembly v De Lille MP and Another (297/98) [1999] ZASCA 50; [1999] 4 All SA 241 (A) (26 August 1999)

Speaker of National Assembly v De Lille MP and Another (297/98) [1999] ZASCA 50; [1999] 4 All SA 241 (A) (26 August 1999)

The Supreme Court of Appeal held that the National Assembly lacked constitutional authority to suspend a member as a punitive measure for speech made in the Assembly. Section 58(1) of the Constitution guarantees freedom of speech for members, subject only to rules and orders, and any further limitation must be clearly prescribed by national legislation. The Powers and Privileges of Parliament Act does not prescribe suspension as a punishment for contempt, nor does it incorporate English parliamentary custom in a manner that authorises such suspension. The Assembly's resolution to suspend the respondent was therefore void for lack of lawful authority. The court emphasised the supremacy of...

Citation
[1999] ZASCA 50
Parties
Appellant: Speaker of the National Assembly; Respondent: Patricia De Lille MP; Respondent: Pan Africanist Congress of Azania
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
26 August 1999
Case Number
297/98
Procedural Posture
Civil Appeal / Appeal From a Full Bench Decision of the Cape High Court
Outcome
Appeal dismissed. The resolution of the National Assembly purporting to suspend Mrs Patricia De Lille is declared void and set aside. Costs awarded to the respondent.
Judges
Mahomed, Van Heerden, Nienaber, Olivier, Farlam
Legal Topics
Parliamentary Privilege, Freedom of Speech in Parliament, Powers and Privileges of Parliament Act, Judicial Review of Parliamentary Action
Constitutional Law Civil Procedure Parliamentary Privilege Freedom of Speech in Parliament Powers and Privileges of Parliament Act Judicial Review of Parliamentary Action

Case Brief

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Parties

Speaker of the National Assembly

Appellant

Patricia De Lille MP

Respondent

Pan Africanist Congress of Azania

Respondent

Procedural Posture

Civil Appeal / Appeal From a Full Bench Decision of the Cape High Court

Legal Issues

  1. 1 Whether the National Assembly had constitutional authority to suspend a member for remarks made in the Assembly.
  2. 2 Whether section 58(2) of the Constitution or the Powers and Privileges of Parliament Act provides authority for such suspension.
  3. 3 Whether the Assembly's resolution to suspend the respondent was void for lack of lawful authority.

Ratio Decidendi

The Supreme Court of Appeal held that the National Assembly lacked constitutional authority to suspend a member as a punitive measure for speech made in the Assembly. Section 58(1) of the Constitution guarantees freedom of speech for members, subject only to rules and orders, and any further limitation must be clearly prescribed by national legislation. The Powers and Privileges of Parliament Act does not prescribe suspension as a punishment for contempt, nor does it incorporate English parliamentary custom in a manner that authorises such suspension. The Assembly's resolution to suspend the respondent was therefore void for lack of lawful authority. The court emphasised the supremacy of...

Court Disposition

Appeal dismissed. The resolution of the National Assembly purporting to suspend Mrs Patricia De Lille is declared void and set aside. Costs awarded to the respondent.

Orders

  • The order made by the court a quo is set aside, subject to the costs order.
  • The order of costs made by the court a quo is upheld.