Economic Freedom Fighters and Others v Chairperson of the Powers & Privileges Committee and Others (23230/23) [2024] ZAWCHC 31 (8 February 2024)

Economic Freedom Fighters and Others v Chairperson of the Powers & Privileges Committee and Others (23230/23) [2024] ZAWCHC 31 (8 February 2024)

The Court found that the applicants failed to meet the requirements for interim relief. They did not establish a prima facie right requiring protection, nor did they demonstrate irreparable harm, as any financial loss could be remedied if the main application succeeded. The urgency of the application was self-created by the applicants' own procedural failures and delays. Granting interim relief would render the parliamentary sanction ineffective and breach the separation of powers, as Parliament deliberately imposed the suspension to prevent disruption of the State of the Nation Address. The applicants had an alternative remedy available in the main application. The application for...

Citation
[2024] ZAWCHC 31
Parties
Applicant: Economic Freedom Fighters; Applicant: Julius Sello Malema, MP; Applicant: Nyiko Floyd Shivambu, MP; Applicant: Mbuyiseni Quintin Ndlozi, MP; Applicant: Marshall Mzingisi Dlamini, MP; Applicant: Vuyani Pambo, MP; Applicant: Sinawo Pambo, MP; Respondent: Chairperson of the Powers & Privileges Committee; Respondent: Speaker of the National Assembly; Respondent: Secretary to Parliament; Respondent: Initiator N.O.; Respondent: Minister of Justice & Correctional Services; Respondent: Chairperson, National Council of Provinces
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
8 February 2024
Case Number
23230/23
Procedural Posture
Urgent Application / Application for Interim Interdict (part A) Pending Final Determination of Main Application (part B)
Outcome
Application for interim relief dismissed with costs on the attorney-client scale, including costs of two counsel where employed.
Judges
M Sher, K Savage, N Mangcu-Lockwood
Legal Topics
Interim Interdict, Separation of Powers, Parliamentary Discipline, Audi Alteram Partem, Just and Equitable Remedy
Constitutional Law Civil Procedure Interim Interdict Separation of Powers Parliamentary Discipline Audi Alteram Partem Just and Equitable Remedy

Case Brief

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Parties

Economic Freedom Fighters

Applicant

Julius Sello Malema, MP

Applicant

Nyiko Floyd Shivambu, MP

Applicant

Mbuyiseni Quintin Ndlozi, MP

Applicant

Marshall Mzingisi Dlamini, MP

Applicant

Vuyani Pambo, MP

Applicant

Sinawo Pambo, MP

Applicant

Chairperson of the Powers & Privileges Committee

Respondent

Speaker of the National Assembly

Respondent

Secretary to Parliament

Respondent

Initiator N.O.

Respondent

Minister of Justice & Correctional Services

Respondent

Chairperson, National Council of Provinces

Respondent

Procedural Posture

Urgent Application / Application for Interim Interdict (part A) Pending Final Determination of Main Application (part B)

Legal Issues

  1. 1 Whether the applicants are entitled to interim relief suspending the implementation of parliamentary sanctions pending the outcome of the main application.
  2. 2 Whether the urgency of the application was self-created and constitutes an abuse of process.
  3. 3 Whether the requirements for an interim interdict have been met, including prima facie right, irreparable harm, balance of convenience, and absence of alternative remedy.

Ratio Decidendi

The Court found that the applicants failed to meet the requirements for interim relief. They did not establish a prima facie right requiring protection, nor did they demonstrate irreparable harm, as any financial loss could be remedied if the main application succeeded. The urgency of the application was self-created by the applicants' own procedural failures and delays. Granting interim relief would render the parliamentary sanction ineffective and breach the separation of powers, as Parliament deliberately imposed the suspension to prevent disruption of the State of the Nation Address. The applicants had an alternative remedy available in the main application. The application for...

Court Disposition

Application for interim relief dismissed with costs on the attorney-client scale, including costs of two counsel where employed.

Orders

  • The application for interim relief in terms of Part A of the amended notice of motion is dismissed with costs on the scale as between attorney and client, including the costs of two counsel where so employed.