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South Africa Case Law

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Constitutional Law [2018] ZAWCHC 4

Economic Freedom Fighters and Others v Speaker of the National Assembly and Others (21471/2014)

Economic Freedom Fighters and Others v Speaker of the National Assembly and Others (21471/2014) [2018] ZAWCHC 4; [2018] 2 All SA 116 (WCC) (29 January 2018)

Court
Western Cape High Court, Cape Town
Case number
21471/2014
Judges
Bozalek, Dlodlo, Mantame

The majority held that the disciplinary proceedings and sanctions imposed on the applicants were constitutionally valid, procedurally fair, and lawful. The Committee was properly constituted, followed prescribed procedures, and the applicants participated in the process. The National Assembly debated and adopted the Committee's report by majority vote, consistent with constitutional requirements. The Speaker's actions were within her powers to maintain order, and there was no evidence of bias or procedural unfairness. The applicants failed to establish that the National Assembly or Speaker br…

Source excerpt

  • Parliamentary Contempt
  • Disciplinary Procedure
  • Section 55 Oversight
  • Powers Privileges And Immunities Act
  • Freedom Of Expression
  • Jurisdictional Facts
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Constitutional Law [2016] ZASCA 142

Primedia Broadcasting (a division of Primedia (Pty) Ltd) and Others v Speaker of the National Assembly and Others (784/2015)

Primedia Broadcasting (a division of Primedia (Pty) Ltd) and Others v Speaker of the National Assembly and Others (784/2015) [2016] ZASCA 142; [2016] 4 All SA 793 (SCA); 2017 (1) SA 572 (SCA) (29 September 2016)

Court
Supreme Court of Appeal
Case number
784/2015
Judges
Lewis, Cachalia, Tshiqi, Swain, Zondi

The Supreme Court of Appeal held that Parliament's broadcasting policy and rules, which restrict the televising of disorder and focus the broadcast on the presiding officer during incidents of grave disorder or unparliamentary behaviour, are unconstitutional and unlawful. These measures violate the public's right to an open Parliament, as guaranteed by sections 59 and 72 of the Constitution, and undermine the principles of transparency, accountability, and public participation. The court found that the justifications advanced by Parliament for these limitations—protecting dignity, restricting…

Source excerpt

  • Open Parliament
  • Broadcasting Policy
  • Freedom Of Expression
  • Powers Privileges And Immunities Act
  • Signal Jamming
  • Reasonableness Of Limitations
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Constitutional Law [2016] ZACC 8

Democratic Alliance v Speaker of the National Assembly and Others (CCT86/15)

Democratic Alliance v Speaker of the National Assembly and Others (CCT86/15) [2016] ZACC 8; 2016 (5) BCLR 577 (CC); 2016 (3) SA 487 (CC) (18 March 2016)

Court
Constitutional Court
Case number
CCT 86/15
Judges
Moseneke DCJ, Cameron J, Jafta J, Khampepe J, Madlanga J, Nkabinde J, Nugent AJ, Van der Westhuizen J, Zondo J

Section 11 of the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act 4 of 2004, as interpreted, applies to members of Parliament and permits their arrest and removal for creating or participating in a disturbance. This infringes the privilege of free speech and the immunities guaranteed to members under sections 58(1) and 71(1) of the Constitution. The Constitution only allows parliamentary rules and orders, not legislation, to limit free speech in Parliament. The immunities from arrest and criminal proceedings are absolute. The constitutional defect in section 11…

Source excerpt

  • Parliamentary Privilege
  • Freedom Of Speech In Parliament
  • Powers Privileges And Immunities Act
  • Separation Of Powers
  • Reading In Remedy
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Constitutional Law [2015] ZAWCHC 60

Democratic Alliance v Speaker of the National Assembly and Others (2792/2015)

Democratic Alliance v Speaker of the National Assembly and Others (2792/2015) [2015] ZAWCHC 60; 2015 (4) SA 351 (WCC); [2015] 3 All SA 72 (WCC) (12 May 2015)

Court
Western Cape High Court, Cape Town
Case number
2792/2015
Judges
Le Grange, Cloete, Boqwana

The court held that section 11 of the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act 4 of 2004 is inconsistent with the Constitution to the extent that it permits the arrest of members of Parliament for conduct protected by sections 58(1)(b) and 71(1)(b) of the Constitution. The reference to 'a person' in section 11 could include members, but the provision is overbroad and infringes the constitutional privilege of freedom of speech and immunity from arrest for parliamentary conduct. Parliament's internal rules provide sufficient mechanisms to maintain order wi…

Source excerpt

  • Parliamentary Privilege
  • Freedom Of Speech
  • Separation Of Powers
  • Powers Privileges And Immunities Act
  • Interpretation Of Statutes
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.