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EFF loses urgent court application on dress code for Premier Masualle's SOPA 2017

Feb 17, 2017
EFF loses urgent court application on dress code for Premier Masualle's SOPA 2017

The Office of the Speaker of the Eastern Cape Provincial Legislature, Noxolo Kiviet, on Friday said that it welcomes the ruling of the Eastern Cape High Court at Bhisho, which struck-off the roll with costs an urgent application brought by the Economic Freedom Fighters (EFF) in the Eastern Cape over dress code.

"The EFF had, on an urgent basis, with papers only served on the legislature after midday on Wednesday, expected that the court would rule that the a dress code adopted in 2015 is unconstitutional," said Media Officer at Eastern Cape Provincial Legislature.

"The matter was heard by the Bhisho High Court less than 28 hours after service of papers on the Legislature, on Thursday, at 16:00. The EFF had brought this application on an urgent basis despite the Policy having been applicable since 2015 and being complied with by all Members of the Legislature (MPLs)."

Bukula said that in handing judgment, Judge Bloem emphasized that he cannot comprehend how the matter had all of a sudden become so urgent because of the State of the Province Address (SOPA) (which is only an address by the Premier), when the policy in question had been in existence since 2015.

"The Judge, thus dismissed, with costs to EFF, the urgency application.

"The Judge when dealing with the matter of requirements for an interim interdict emphasized the fact that the EFF needed to prove harm in order to succeed," he said.

"In this regard, he agreed with the arguments of Adv Pitt (appearing for the Legislature) that there would be no harm suffered by members of the EFF or any other MPL for that matter, like being removed from the House, if they are appropriately dressed.

"He, thus, also struck -off the application also for failure to meet the requirements of an interim interdict."

Bukula said that the Legislature reiterates that its standing rules and orders as well as policies are valid and binding as they are a product of thorough consultative processes in multi-party structures where minority parties are also represented.

"The Legislature welcomes the judgement."