The Democratic Alliance (DA) had always maintained that Parliament’s Section 11, which allowed the Speaker to call the police into the National Assembly was unconstitutional, as affirmed by the Constitutional Court, the party’s deputy chief whip Mike Waters said on Friday.
“We feel vindicated by the decision of the Constitutional Court, it upheld what the High Court deemed to be unconstitutional and amended the clause themselves. This means freedom of speech in Parliament has now been entrenched and that MPs can speak freely, without fear, favour or fear of being arrested,” he said on the sidelines of the Constitutional Court.
Earlier, the Concourt upheld the Western Cape High Court ruling that ordering police to remove MPs from the National Assembly was unconstitutional. It ruled that the action infringed on the MP’s freedom of speech.
The DA had approached the Constitutional Court to affirm the High Court ruling.
Speaker Baleka Mbete sought leave to appeal and argued that the rule did not infringe MP’s constitutional privileges, but instead prohibited actions which sought to disturb parliamentary proceedings.
Mbete called in National Assembly security, who wore signature white shirts, to removed Economic Freedom Fighters MPs from the house after the militant MPs disturbed President Jacob Zuma’s state of the nation address last year. Mbete relied on section 11 of the Powers, Privileges and Immunities to do so.
The Constitutional Court dismissed Mbete’s appeal with costs.
– African News Agency (ANA)
