The Western Cape High Court has pronounced section 11 of the Powers and Privileges Act unconstitutional because it limits free speech by allowing the Speaker to have MPs arrested in the National Assembly.
Judge Andre le Grange found that the section violates a member’s constitutional privilege to freedom of speech and freedom from arrest.
He suspended his ruling for 12 months to give Parliament time to amend this section of the law.
The ruling came in response to an application by the Democratic Alliance. DA council chairman James Selfe said the party was delighted with the judgment.
The DA went to court in response to events on the 12th of February when Speaker Baleka Mbete and NCOP chairwoman Thandi Modise called police into the chamber to remove the entire caucus of the Economic Freedom Fighters ahead of President Jacob Zuma’s state of the nation address.
