EFF’s application regarding members’ removal during SONAs dismissed

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The Western Cape High Court has dismissed with costs, an Economic Freedom Fighters’ (EFF) application which sought a declaratory order.

If the order was successful, it would have paved the way for Members of Parliament who have been physically manhandled by the Parliament Protection Services, to sue for damages.

The EFF brought the application to the High Court in April.

They allege that they were violently removed from the 2015 and 2017 State of the Nation Addresses (SONA) in a manner that was unlawful and unconstitutional.

However, a 19-page judgment by Judge Derek Wille, found among other things, that there was no evidence of gratuitous violence.

The court, upon examining the evidence brought by the EFF on the 2015 and 2017 SONAs concluded that in both instances the EFF intended to disrupt proceedings and despite rulings prohibiting such, the disruptions continued.

The court further found that from the material before the court, there was no evidence supporting the EFF’s allegation that the Speaker or anyone of the respondents “ordered them to be injured in any manner.”

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