Malema and Another v Chairman of the National Council of Provinces and Another (12189/2014) [2015] ZAWCHC 39

17th April 2015

Malema and Another v Chairman of the National Council of Provinces and Another (12189/2014) [2015] ZAWCHC 39

[1] This application involves a review of a ruling made by the presiding Speaker during a joint sitting of the National Assembly and the National Council of Provinces in June 2014 in the course of the debate on the President’s State of the Nation address.

[2] First applicant is a Member of the National Assembly and the President and Commander–in-Chief of the Economic Freedom Fighters, a registered political party represented in Parliament and which is also the second applicant.

[3] First respondent is Ms Thandi Modise, the Chair of the National Council of Provinces in her capacity as the presiding officer or Speaker in the joint sitting which was held on 18, 19 and 20 June 2014.

[4] Second respondent is the African National Congress, a registered political party. It is cited only for any interest it might have in the matter and no relief is sought against it. Only first respondent opposes the application.

[5] Applicants seek an order that the following rulings handed down by first respondent during the debate be declared unlawful and invalid and be reviewed and set aside: