There is now a common misconception that the EFF “disrupted” Parliament.
1. The EFF “interrupted” the speech of the President. Interruption is not disruption of anything.
2. The interruption was to seek a ruling from the Speaker that the President would be required to include in his speech a specific undertaking.
3. There was nothing, in itself wrong, with the EFF seeking a ruling from the Speaker. Rulings are sought all the time. The issue was not frivolous or vexatious. It was extremely important with thousands of citizens having an interest in the outcome. That is what Parliament is there for, i.e to deal with the interests of the citizens.
4. The Speaker was then constrained to accede to the request or deny it, i.e,
a) “I will allow the request to be put to the President”; OR
b) “I will not allow the request to be put to the President”.
5. If she was disallowing the request, which she was, she needed to explain why when specifically asked to do so on any number of occasions.
6. The request was repeatedly made in terms of a specific Rule of Parliament, i.e Rule 14. It was either valid … or invalid .. in terms thereof.
7. At no stage did either of the two (2) Speakers provide ANY reason as to why an application being made in terms of the Rules was being denied …. except to say “well, this is not the occasion for questions … ”
8. In the circumstances the EFF was entitled to insist that the Speakers act in terms of the Rules and cite the Rule(s) that supported the denial.
9. The reason for this is very, very important and fundamental. and Julius Malema put his finger on it when he said “Madame Speker you cannot suspend the Rules Of Parliament.”
10. Any decision that an adjudicator makes is required to be supported by stated or identifiable reason(s) if it is not to be ARBITRARY.
11. Arbitrary decisions by those who have power are the first enemy of Justice in all its components. It is what despots and tyrants do.
12. That is why Judges and Judicial Officers are required to always provide reasons for their decisions.
13. Parliament was then disrupted by the unconstitutional assaults and physical removal of Members of Parliament on the orders of the Speakers. Manhandling of human beings without consent is assault.
The above is the reality regardless on which side you may be on.
The Executive can never have a right to use ITS armed forces to assault MPs in Parliament.
This is a gross abrogation and repudiation of what is known as the Separation of Powers in a constitutional democracy.
By Judge Chris Greenland
Peter
/ February 16, 2015That’s law at it’s best.
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Nkabinde bhekisisa
/ February 17, 2015This judge might be jujus political adviser. misleading poor juju
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Commentator
/ February 16, 2015So Chris Greenland has by making these comments recused himself from being judge in any proceedings? Smart!!!
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Vhurusaka
/ February 16, 2015Or he’s a retired Zimbawean judge who is simply offering insight from the perspective of someone with Judicial experience. . .
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Commentator
/ February 16, 2015ok – I dont know him!!!! The issue remains if interuption is considered disruption. But the force – I agree – was not warranted. Insight is good but our courts now need to rule on this.
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muzi
/ February 16, 2015In a court of Law..When they say silence in court what are they referring to, so Judge Chris should conduct himself in a professional manner not in a childish an d misleading way. His statement is a lie and immature. When a continuous interruption supported by lack of listening skill and barbaric behaviour leads to disruption. The fact of the matter is that, he needs to come out on what race card and political card is pushing…Finish n Klaar
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Tim Culhane
/ February 16, 2015He is conducting himself in a professional manner and has every right to put forward his opinion especially where he has supported this with fact. Perhaps you should read some of his other tweets and comments about other trials before you start making YOUR childish nonsensical comments based on nothing else but your ignorance. Cut your crap with race cards and political issues … thats all you seem to be able to do
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Abe
/ February 14, 2016@TimCulhane let’s leave @Muzi alone, I suspect few months ago he/she was singing the president does not have to pay back any money for Nkandla. Just to note another fact, this is the type that Zula always through them under the bus when he makes his famous u-Turns.
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Sinabo
/ February 18, 2015I fail to see the correlation between race and ones opinions . Learned opinions at that . Opinions that are object at that .
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Francois
/ February 15, 2016So if you do not agree with ANC kak, you have an ulterior motive or “push a political agenda”? What happened was wrong in all its totality and bastards agreeing to it shows what this country will become once Zuma’s administration will be obliterated at the polls.
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Simcelile
/ February 16, 2015Am so not surprised by wht had been done/ordered by the ill parliamentary speaker. Rumours says they trained this force for couple days b4 #SONA
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Think !!!
/ February 19, 2015If you are surprised at the action , you don’t understand the level of corruption within the ANC and their control within judicial system . Cant you see anything. How clear must things get in SA , before you see them.
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Think !!!
/ February 19, 2015Simcelile. My humblest apologies, I see i misread your post. Yes I completely agree with you. Sorry again.
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Helene Vermeulen
/ February 16, 2015Where have all the dignity of chosen leaders and so-called civilised people gone? Parliament has become a farce. The Speaker is not able to fulfill her duty and the President is a clown that laughs and smiles and dance instead of doing something about the chaos that is now South Africa!! I love my country but I am so saddened about the decay of the present S.A.There is no discipline or pride in the people left, and the brutality that was used in parliament is gross interferance of our democratic rights!! This democracy is only used when it suits those in power and the man in the street is supposed to just accept it. No, it is time to stand up and be men and women that are proud to be called a South African!!!
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malis
/ February 16, 2015give this judge a bells
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Chris Greenland
/ February 14, 2016I actually prefer single malt … lol ….
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0001000ghost
/ February 16, 2015Well written, well said! Right, what do we do now? Who do we take to court? Heads must roll #PAYBACKTHEMONEY!
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sizons
/ February 16, 2015So succinctly put Mr Judge
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Mabig
/ February 16, 2015Nice nd clear hw do we take this forward to court.
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japes55
/ February 16, 2015I’m with you – there’s too much complaining about the state of this country and not enough action. How do we actually do something about this?
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olisah
/ February 16, 2015Here in South Africa things are bad, because ANC They undermind other parts and they show people of this country. They are not care as well
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lakes
/ February 16, 2015ANC HAS BECOME THE NEW NATIONAL PARTY OF OLD APARTHEID. BALEKA AND THANDI ARE TWO OLD FOOLS, THEY LACK REASON AND LOGIC. AS FOR THE PRESIDENT, HE IS AN AFRICAN EMBARASSMENT
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Lucky
/ February 16, 2015I am no judge but could tell that something is terribly wrong here. Remember the recent scene in the memorial lecture in Mbombela?
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Mike
/ February 17, 2015Question is- when your Speaker is such a rabid party supporter and is clearly partisan and only there as Zumas lapdog, how do you get her to EVER accede to your request?
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Mohau
/ February 17, 2015this is the first ever positive thing I have heard since there SONA 2015 well said by Judge Chris Greenland
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Danie
/ February 17, 2015Well said Judge Chris Greenland…….let give him a box of Bell’s !! The ANC has a lot to explain !!
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Sesethu Olothando Jaun Fikileni
/ February 18, 2015Well, we are living in a in-directed Apartheid regime led by the ANC and its government.
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Pops
/ February 18, 2015When and where did he say this?
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Charles mnisi
/ February 18, 2015@ least we are now able to dichotomies between interruption and disruption. Thanks for the judicious approach
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Think !!!
/ February 19, 2015If anyone is expecting the ANC, to make apologies or to get things right, they are making a mistake. There agendas are not about running a country, but about making many billions through various avenues. I know this for a fact. They spend most of their time busy with deals and contracts and tender approvals that line their very big coffers, overseas. THIS IS A fact. Im not saying is everyone, simply the majority. Once you are part of a criminality which is easily set up , you simply have to go along for the ride, or your fraudulent and corrupt deeds will find their way to a loaded court, So they live in fear and do what the puppet masters tell them.
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Bongani Dennis Mlangeni
/ February 14, 2016Quote of the day:
“Arbitrary decisions by those who have power are the first enemy of Justice in all its components. It is what despots and tyrants do. That is why Judges and Judicial Officers are required to always provide reasons for their decisions” – Judge Chris Greenland.
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Mthoko
/ February 14, 2016Disappointed by the opinions of certain individuals here, especially those calling the judge stipid,lier & misleading. People need to understand that rules are rules, and those of the Constitution of The Republic of South Africa don’t exempt certain individuals. Baleka has failed a number of times to apply the rules of the parliement. We need to stop supporting & defending mediocrity just because of affiliation to a certain party. And Muzi, parliament is not a Court of Law, rules are not the same…so dont be barbaric brother!
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carter
/ February 14, 2016rubbish, if someone was not prepared to listen to Sona u simply dont go there or switch off ur telly. not to come nd hold 56m ppl hostage. Greenland nd his teletubbies shud hv just gone nd jump into the nearest river. we wanted to hear whether we r going forward or backwards. A qualified judge nd a father figure like him would not allow tht to happen in his court or even at home. At the end u heard watever he said. is either u take or disagree thts wat democracy is all abt. not interruptions
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Mk
/ February 14, 2016I respect Judge Greenland a lot, but I believe with due respect that the country that needs his expertise is his home country Zimbabwe where the rule of law is non existence.
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Oupas
/ April 14, 2016No you must be related to ANC and that makes you zany phobic.
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koketso
/ February 15, 2016Human with intelligence , how do you feed 3 million people without leaving anyone starving , if u are still privatizing the wealth of the Earth that no human has created yet to be disrepute fairly amongst a nation , only the Prince , son of a man , the holy spirit well rule over poverty . In the mean time sat down and relax observe will the enemy garnish out because of trouble .
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paul
/ February 18, 2016and you call this a judge? please sorry
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Chris Greenland
/ February 18, 2016Lol … for you information a Judge with an unmatchable record in this region for the number of his judgments reported in relation to the number of years he presided in two (2) countries.
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