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Parliament's lawyer says EFF is eager to stop probe into SoNA stage storming

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Parliament's lawyer says EFF is eager to stop probe into SoNA stage storming

21st November 2023

By: News24Wire

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Stalingrad on steroids.

This is how lawyers for Parliament responded to an Economic Freedom Fighters (EFF) application to halt the hearing into six of the party's members, including leader Julius Malema, accused of storming the stage during this year's State of the Nation Address (SoNA).

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Parliament's Powers and Privileges Committee began its hearing into the incident on Monday, 10 months after the EFF stormed the stage when President Cyril Ramaphosa delivered his address on 9 February.

Advocate Anton Katz SC was appointed initiator to lead the charge against the EFF's top brass, which includes Malema, Floyd Shivambu, Marshall Dlamini, Vuyani Pambo, Mbuyiseni Ndlozi, and Sinawo Thambo.

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The six were highlighted as the main culprits on the stage when Ramaphosa had to deliver his address.

In Parliament's heads of argument, Katz argued the EFF's application was a clear stratagem by the six to avoid taking any responsibility for their alleged disruptive conduct at SoNA 2023.

"They wish to evade the hearing and the charges at all costs. They are ducking and diving, and such conduct should not be tolerated. It is classical Stalingrad. Delay, delay, delay! Take every step - reasonable and unreasonable - just make sure the hearing does not commence.

"Today's postponement, on its face, is Stalingrad on steroids," Katz told the committee.

Furthermore, he argued in court proceedings the postponement of a hearing was an indulgence.

"That indulgence will only be granted where the party seeking a postponement demonstrates that it is in the interests of justice to do so.

"That is the burden of a party seeking a postponement.

"Although this committee does not sit as a court, tribunal or arbitration forum, it nevertheless has the power to consider an application for a postponement of a hearing," he said.

Katz added EFF's lawyers had complained about the lack of sufficient time to prepare.

"This is a tired and well worn, but meritless complaint," he said. According to Katz, EFF attorney Janyde Cupido, complained about a "hearing bundle of over 640 pages".

"But what she does not explain to the committee is that the state attorney, correctly, pointed out in her letter of Sunday, 12 November 2023 that the bundle consists largely of documentation [of their] clients and you are well versed in.

"The balance of the bundle consists of formal documentation, none of which is complex or weighty," he said.

In response to Katz, advocate Tembeka Ngcukaitobi SC, representing the EFF, said the fact finding should be done by a judge.

"In order to act fairly, we are asking for a judge to be appointed. So far, no one has said why a judge should not be appointed. There can only be one motivation where a judge is not appointed. It's because certain people want to settle political scores. That can be the only explanation. So we insist and ask with the greatest of respect, get a judge and Mr Malema will subject himself to a judge. That does not diminish your standing," he added.

Ngcukaitobi said it was unreasonable and procedurally unfair the top leadership of the EFF should be subjected to a disciplinary hearing presided over by its political opponent.

"You have also made a decision to institute these charges. They were not independently instituted; they were instituted by yourselves.

"You have also decided to choose an initiator on the grounds that he is independent which we appreciate, and he is an independent man," he added.

On every occasion Malema spoke, he made it clear the EFF would not be "persecuted" by a white male in the form of Katz.

Ironically, Ngcukaitobi described Katz as a colleague whom he had great respect for.

But Malema felt otherwise.

"It’s very clear that [we] are being subjected to a kangaroo court. You brought this white man here to come and persecute us. I don’t care if my legal representative has respect for him. I have no respect for him. You brought an apartheid apologist and beneficiary to come and persecute me. No white man can persecute me. I am not going to allow that," he said.

Malema described Katz as a Democratic Alliance lawyer and recused his legal team from the virtual platform.

Minutes later, Ngcukaitobi left the venue.

In a statement, Leigh-Ann Mathys, one of the EFF's spokespersons, said they would not participate "in this kangaroo court."

She added the party would approach the courts to interdict the "sham proceedings of the Powers and Privileges Committee, which acts as nothing but a compromised weapon in defence of Ramaphosa."

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