Chairperson of the National Council of Provinces v Malema and Another

During a parliamentary debate on the President’s State of the Nation Address in June 2014, Julius Malema, leader of the Economic Freedom Fighters, stated that the ANC had ‘massacred’ mineworkers at Marikana. A point of order was raised alleging the statement was unparliamentary. The Chairperson of the National Council of Provinces ruled the statement unparliamentary, ordered Malema to withdraw it, and upon his refusal, directed him to leave the House. Malema and the EFF challenged these rulings in the Western Cape High Court, which reviewed and set aside the Chairperson’s decisions. The Chairperson appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, including the costs of two counsel. An ancillary costs order was made against the respondents’ attorney de bonis propriis for late filing in the appeal.

The case affirms the constitutional protection of robust political speech in Parliament and limits the scope of parliamentary rules that restrict debate. It reinforces that criticism of the government or ruling party does not equate to an attack on Members of Parliament. The judgment confirms that parliamentary rulings are reviewable by courts for legality and rationality, strengthening constitutional oversight over parliamentary discipline.