The suspension and sanctions imposed on 20 EFF MPs by Parliament last month had failed to take into account “democratic imperatives”, Judge Dennis Davis said on Tuesday.
Granting the Economic Freedom Fighters the urgent interdict they had sought through the Western Cape High Court, he stressed that the MPs were elected representatives.
“These applicants are not aggrieved employees. They are public representatives who represent at least 6.35 percent of the electorate… they are paid to represent their constituents.
“Failing to pay them is not only hardship to themselves… but weakens their financial ability to do the job for which they’re paid,” Davis said.
Similarly, a suspension that barred them access to their offices prevented them doing their jobs as public representatives.
He said the suspensions had “failed to take account of democratic imperatives”.
Davis said the applicants had, given the nature of the relief being sought, made out a case justifying the granting of a temporary interdict preventing Parliament imposing suspension sanctions on them.
It would come into effect immediately.
No date has been set for final judgment on the suspensions.
Last week, Davis heard argument on the matter from Dumisa Ntsebeza, for the EFF, and Willie Duminy, for Parliament.
The EFF has 25 MPs at Parliament.
Following the National Assembly’s adoption last month of a report by Parliament’s powers and privileges committee, six EFF MPs were suspended for 30 days without pay, six for 14 days without pay, and eight were ordered to apologise to the House and fined 14 days’ salary.
The matter originated with the “pay back the money” incident in the National Assembly on August 21 this year, when EFF MPs chanted and banged on their desks, disrupting President Jacob Zuma’s replies to questions.
In his judgment on Tuesday, Davis emphasised that his judgment “cannot and does not provide a definitive finding regarding the applicants’ conduct” on that day.
Source : Sapa /rod/jk/ks
