Economic Freedom Fighters (EFF) leader Julius Malema and the party’s top brass will have to apologise to President Cyril Ramaphosa, give up a month’s salary, and will not be allowed to attend the State of the Nation Address (SoNA) next year as punishment for storming the stage during the president's address this year.

On Wednesday, Parliament’s Powers and Privileges Committee deliberated on the sanctions for Malema, EFF deputy president Floyd Shivambu, the party's secretary-general Marshall Dlamini, Vuyani Pambo, Mbuyiseni Ndlozi, and spokesperson Sinawo Thambo, after the six were found guilty of contempt of Parliament.

During this year’s SoNA on 9 February, EFF MPs started raising several points of order and National Assembly Speaker Nosiviwe Mapisa-Nqakula ordered them to leave the chamber.

As they walked out, some of them stormed the stage, prompting an instant reaction from heavily armed police.

All the African National Congress (ANC) MPs agreed that the six should apologise and be docked a month’s salary.

The Democratic Alliance (DA) wanted the affected MPs to be suspended for the month of February.

Advocate Anton Katz SC, the initiator appointed by Parliament, recommended that the MPs be suspended with effect from 6 February 2024 to 16 February 2024.

This means that they will miss SoNA next year, which will be held on 8 February.

DA MP Annelie Lotriet proposed that the suspension be for a month, and not 10 days as suggested by Katz.

Sanctions

She also cautioned the committee to clarify how exactly the apology should read. This suggestion was supported by the ANC.

"I have been a member of this committee since 2014. I have to be honest that just giving a fine does not have the desired effect. I would propose that, given the type of behaviour that we witnessed, we combine the apologies with a fine and impose a suspension on those members for a period of a month," Lotriet said.

The ANC, which enjoys the majority on the committee, didn’t seem to be in favour of the suspension.

ANC MP Doris Dlakude proposed a docking of salaries and a public apology. This was also supported by other ANC MPs on the committee.

"I think the apology and the one-month salary dock will be a better sanction," she said.

But after deliberations behind closed doors, committee chairperson Violet Siwela said all the affected MPs would apologise for their actions and be suspended.

“The penalty with respect to Mr Malema is an order to apologise to Parliament, the President and the people of South Africa in terms of Section 12, sub section 5 (C) physically in person in the House. Another order is the suspension of the member without remuneration for a month starting from 1 February to 29 February 2024 in terms of Section 12 subsection 5 (G) and read with sub section 9," she said.

The same sanctions will apply to the other five MPs.

According to Chapter 4, Section 12 (G) of the Powers, Privileges and Immunities of Parliaments and Provincial Legislatures Act, 2004, a member may be suspended, with or without remuneration, for a period not exceeding 30 days, whether or not the House or any of its committees is scheduled to meet during that period.

Section 10 of the act stipulated that a member who has been suspended under subsection 5 (G) must leave the precincts, and may not, during the period of suspension, without the written permission of the Speaker or the Chairperson enter the precincts for whatever purpose or participate in any activity of Parliament or any committee.

These and other provisions of Section 12 are used in disciplinary action against members for contempt.

'We're innocent'

Meanwhile, Malema wrote to the committee explaining their conduct on the night of 9 February.

In his submission, on behalf of all the effected MPs, he said:

The sole evidence relied upon is video evidence. It has not been authenticated in any manner. And it is clear that it presents a slanted picture and does not show the entire proceedings. It could only have been so slanted so as to present a false and misleading picture.

The EFF has also argued that the six MPs are innocent.

Dlakude said the EFF couldn't choose to boycott the hearing, and then dictate what the committee should do from the outside.

All other members agreed not to consider their submissions.

A draft report is to be presented to the committee next week and, if approved, will go to the National Assembly for a final approval.

Hearings on other matters continue on Friday.