Cops in Parliament judgment heads to ConCourt

Parliament said it will be initiating an appeal against the Western Cape High Court’s ruling on Tuesday.

Members of the Parliament look on as members of the Economic Freedom Fighters, wearing red uniforms, clash with security forces during South African President's State of the Nation address in Cape Town on 12 February, 2015

CAPE TOWN - A Western Cape High Court judgment on the use of police to arrest and remove disruptive Members of Parliament (MPs) is destined to be heard in the Constitutional Court.

But Parliament said it will be initiating an appeal against the court's ruling on Tuesday.

The Democratic Alliance (DA) took Parliament to court after Economic Freedom Fighters (EFF) MPs were dragged out of the National Assembly chamber by police officers in plain clothes during the State of the Nation Address (Sona) in February.

The court has declared Section 11 of the Powers Privileges and Immunities of Parliament and Provincial Legislatures Act invalid because it allows MPs to be arrested for what they say in Parliament.

The court has referred the matter to the Constitutional Court for confirmation.

But Parliament is appealing because it's concerned about the chaotic degeneration of debates.

Secretary of Parliament Gengezi Mgidlana said, "The issue that we are dealing with was not about arresting members it was about making sure that we have proper decorum."

The DA, Congress of the People (Cope) and the EFF have welcomed the judgment.