ECONOMIC Freedom Fighters' ministers of parliament (MPs) will go to court over parliament contempt charges. They said the process which was followed to hear their matter was flawed.
EFF spokesman Sinawo Thambo and Natasha Ntlangwini, Anthony Matumba, Tseko Mafanya, Babalwa Mathulelwa, Paulnita Marais, Naledi Chirwa, Mothusi Montwedi, Yoliswa Yako and Khosi Mkhonto all face several charges, including disruptive conduct, stopping security services from effecting arrest and calling President Cyril Ramaphosa a “money launderer” during the budget vote on 9 and 10 June 2022.
Mfesane Ka-Siboto who represents the ten MPs, told the Powers and Privileges Committee on Monday, 15 January that his clients wanted the hearing to be postponed pending the High Court’s decision on the fairness of the process.
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Ka-Siboto said the committee has dropped charges against EFF member Veronica Mente, who faced the same charges.
He said one of the charged persons was not even inside the building when the alleged incident happened.
“How can she conceivably be guilty of that charge when she was not even present. These are the flaws that we keep talking about,” said Ka-Siboto.
He also questioned the decision by the committee not to make National Assembly Speaker Nosiviwe Mapisa-Nqakula available to EFF members for cross-examination.
Ka-Siboto said: “That member was not inside the House. Conceptually, how could she be guilty of that charge. Only the speaker can answer that question. There is no reason the main person is not available for cross-examination. Speaker has to be here so that we won’t speculate what she meant.”
Initiator Tanya Golden SC said she wasn't aware that EFF would take legal point in limine before proceedings commenced.
“It would have been appropriate and proper to forewarn me of this and also to send me, ahead of the hearing, as to not take me by surprise,” she said.
She said the committee could not wait for the court process because the case could take up to two years to be finally determined.
“There is no basis for in limine or suspend proceedings to allow the High Court litigation to take its course,” said Golden.
She took videos of committee members, showing what played out on those two days. On 21 November 2023, the committee found EFF President Julius Malema, deputy Floyd Shivambu, chairman Marshall Dlamini, Tambo, Vuyani Pambo, and Dr Mbuyiseni Ndlozi guilty of being in contempt of parliament.
They refused to leave the State of the Nation Address (SONA) 2023. Instead of leaving, they jumped onto the stage where Ramaphosa was to deliver the address.
They were docked a one-month salary and suspended for ten days starting on 6 February 2024 and ending on 16 February.
This means they will not attend this year’s SONA on 8 February.
