EFF leader Julius Malema, his deputy Floyd Shivambu, Secretary-General Marshall Dlamini, as well as Sinawo Tambo, Mbuyiseni Ndlozi and Vuyani Pambo, were sanctioned with suspension without pay for 30-days after they were found guilty of contempt of Parliament in a disciplinary process by the Powers and Priviliges Committee.
The EFF contends that the absence of guidelines in what qualifies as a “serious” offence in the rules that govern the disciplining of Members of Parliament opens it up to abuse due to the structure which is based on majoritarianism. “Firstly, it would, as a matter of principle, it would not have to be with such specificity to make my point … no, hold on, with all due respect, because with respect, what we know from the authorities on the fettering of discretion, it depends on the nature of the power that is being exercised and the kind of consideration that the decisionmaker has to make. It could be examples of seriousness. It doesn’t have to be x, y or z defenses and that’s the point.
Counsel on behalf of the respondent stated that the EFF’s case sought to claim that the National Assembly targeted members of the EFF. A claim the respondent says is untrue, submitting that Parliament disciplined members of the EFF because they have been guilty of parliamentary offences.