Democratic Alliance v Speaker of the National Assembly and Others

The case arose from events during the President’s State of the Nation Address on 12 February 2015. Members of the Economic Freedom Fighters repeatedly interrupted proceedings by raising questions about the President’s compliance with the Public Protector’s Nkandla report. After refusing to leave the Chamber when ordered by the presiding officer, they were forcibly removed under section 11 of the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act 4 of 2004, with the involvement of members of the South African Police Service. The Democratic Alliance subsequently left the Chamber and challenged the constitutionality of section 11, arguing that it impermissibly allowed for the arrest of Members of Parliament for conduct protected by parliamentary privilege.

The declaration of constitutional invalidity made by the High Court was not confirmed. Instead, the omission of the words “other than a member” in section 11 was declared unconstitutional. Section 11 was read as though the words “other than a member” appear after the word “person”. The appeal and cross-appeal were dismissed, and the respondents were ordered to pay the applicant’s costs, including the costs of two counsel.

The case affirms the constitutional protection of parliamentary free speech and immunity from arrest for Members of Parliament, reinforcing Parliament’s role as a deliberative body free from executive coercion. It clarifies the limits of Parliament’s powers to maintain order and prevents the use of security services to arrest Members for conduct falling within parliamentary privilege. The judgment is a key authority on parliamentary privilege, statutory interpretation consistent with the Constitution, and the separation of powers.