adminBloemfontein — The Supreme Court of Appeal said yesterday that Economic Freedom Fighters leader Julius Malema’s statement that the ANC government had massacred Marikana miners was not unparliamentary.
The court dismissed an appeal by National Council of Provinces (NCOP) chairperson Thandi Modise, after a ruling that she acted incorrectly in asking Malema to leave the National Assembly for saying the government massacred Marikana mineworkers.
“Malema spoke in Parliament about what has been described as ‘a burning issue of immense public interest’. The Constitution guards Parliament’s role as an incubator of political speech. There is nothing unparliamentary about robust, emotive language,” it said.
The court also said the standing order does not – and constitutionally cannot — go as far as impeding political speech. “It does not censor criticism of the government or its ruling party. Importantly, Mr Malema initially referred only to the ANC . . . The police fall under the authority of the ANC-led government. The chairperson’s case rests on a false equivalence between ‘government’ and members of Parliament. However, they are not the same – criticism of government is not criticism of members of Parliament.”
The court also said Modise had misconstrued her powers under the standing order.
It said the purpose of her powers was to ensure that parliamentary debates were not marred by personal insults directed at members. — Sapa
Online Reporter