The Supreme Court of Appeal has dismissed the appeal by NCOP chairperson, Thandi Modise, against a Western Cape High Court ruling that found EFF leader and MP Julius Malema was justified in refusing to withdrew a statement during a sitting in August last year.
Modise made a ruling that Malema’s statement – that the ‘ANC government massacred” the mineworkers at Marikana – was unparliamentary and lawful. She then asked him to withdraw the statement and upon his refusal, asked him to leave the National Assembly.
Supreme Court of Appeal Judge Visvanathan Ponnan said during judgment this morning that a full bench concurred that with the decision to dismiss the appeal.
The EFF’s national Spokesperson, Mbuyiseni Ndlozi, welcomed the court’s ruling.
He hailed the ruling as a victory for freedom of speech.
Cathy Dlodlo and Moeketso Mogotsi
