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  • keyboard_arrow_right‘It would have been a good day for South Africa’: EFF reacts after bid to remove Didiza fails

‘It would have been a good day for South Africa’: EFF reacts after bid to remove Didiza fails

The EFF’s motion to remove National Assembly Speaker Thoko Didiza was defeated by 282 votes to 101, with the party insisting its bid was about protecting Parliament’s independence and integrity.

By Mapaballo Borotho

The EFF’s motion to remove National Assembly Speaker Thoko Didiza was defeated by 282 votes to 101, with the party insisting its bid was about protecting Parliament’s independence and integrity.
Image @National Assembly

The Economic Freedom Fighters’ (EFF) bid to remove National Assembly Speaker Thoko Didiza has been defeated by 282 votes to 101.

EFF president Julius Malema accused Didiza of protecting President Cyril Ramaphosa and the ANC.

The MKP, ACDP, ATM, NCC and UAT supported the motion.

Phemelo spoke to legal expert Bophelo Seleke on Kaya 959’s Point of View about the motion and the legal issues surrounding Didiza’s decision.

“The case of the EFF was simply not that they dislike the Speaker. The central complaint concerned the Speaker’s decision not to oppose President Cyril Ramaphosa’s application to interdict Parliament’s impeachment proceedings against him.

“We know that the impeachment committee has resolved to oppose Ramaphosa’s application and had requested that the Speaker join in the opposing litigation,” he said.

Seleke says Didiza’s decision not to oppose Ramaphosa’s application is what triggered the EFF’s motion.

Didiza reportedly received a legal opinion stating that she should join the litigation process to oppose Ramaphosa’s application. However, she chose not to follow the legal advice.

Seleke says the Speaker is entitled to disagree with legal advice, but cannot disregard the Constitution.

“The legal advice that the Speaker received is not a court judgment. A lawyer’s opinion is not a source of law, so senior counsel, attorneys, legal advisers and academics can be wrong.

“Courts themselves can disagree, but it cannot and does not amount to the proposition that because the Speaker did not follow advice, she automatically acted unlawfully,” he said.

He added that it is understandable why opposition parties would want to challenge and criticise Didiza’s decision.

EFF Member of Parliament Carl Niehaus says it would have been a good day for South Africa if the party had won the motion and removed Didiza as Speaker.

“It would have also been a good day for the independence and the integrity of Parliament. I do not see this as a loss for the EFF. We took it as a principle matter and we stood by our understanding that the first task that the Speaker of Parliament has is to protect the independence of Parliament,” he said.

Listen to the podcast for the full conversation.

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