The Economic Freedom Fighters (EFF) is happy with the dismissal with costs of their application to obstruct the debate for the motion of the removal of the Speaker of the Provincial Legislature by the Polokwane High Court on Tuesday.
EFF Provincial Secretary Jossey Buthane said outside court: “Even with the court not ruling in our favour we have proven to ourselves that we can challenge the ruling party in every decision they make. The case was not about the removal of the Speaker but about the ANC not complying with the rules of the house,” Buthane said.
The initial interdict was an attempt by the EFF to force Legislature to follow the rules after a walk-out by opposition parties two weeks prior to the interdict being brought before court in August.
Allegations were made that the Legislature did not follow its own rules when attempting to oust Speaker Merriam Ramadwa. The EFF then went to court to obtain an interdict that would force the Legislature to follow the rules and enforce a division.
Legislature legal representative, NA Cassim (SC) argued that no evidence was provided by the EFF legal representative that at least ten Legislature members in support of a motion in division of the house were reached.
Shadrack Tebeila for the EFF said only six members supported the motion.
Judge Ephraim Makgoba ordered the dismissal of the application, ruling that the Legislature should be allowed to execute its duties without court interference.
The African National Congress (ANC) Party Caucus in the Legislature welcomed the decision of the High Court to dismiss with costs the application by the EFF to obstruct the debate for the motion of the removal of the Speaker.
Chief Whip Falaza Mdaka in a press statement said this means the complainant in this matter, the EFF, will bear the financial costs of the hearing.
This ruling has assisted in dispelling the myth that courts should be viewed as an extension of the opposition benches in the house, he added.
Story: RC Myburgh