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In what could turn into a legal precedent of titanic proportions, Bernadus Swartbooi, the leader of the Landless People's Movement, has taken on the Speaker of the National Assembly in a motion to review decisions taken by the legislative body.

The case started this morning in the High Court.

The motion for review addresses a series of actions and decisions taken by the National Assembly, the Standing Committee on Standing Rules and Orders and Internal Arrangements, and the Standing Committee of Privileges.

The central focus of the case revolves around the legality and constitutionality of these decisions.

Swartbooi’s legal team, led by law firm Dr. Weder, Kauta & Hoveka, outlined a series of key arguments in their motion.

These include the alleged improper referral of the applicant's matter to the Privileges Committee, the subsequent investigation into Swartbooi's conduct during a specific event, and the adoption of a report by the National Assembly titled "Investigation into the Conduct of Bernadus Swartbooi and Henny Seibeb on April 15, 2021, during the State of the Nation Address".

During the 2021 SONA, Swartbooi and Seibeb were forcibly removed from the parliament by the presidential body guards, accusing the two of interrupting the proceedings and posing a danger to the safety of the president.

The duo were suspended from the National Assembly, but after challenging their removal, the court ruled in their favour.

Swartbooi and Seibeb are now challenging the subsequent report of the parliamentary committee.

The motion further wants the court to either review and correct the decisions and actions in question or set them aside.

Additionally, the motion challenges the constitutionality of certain statutory provisions, rules, and standing orders.

The hearing, presided over by Judge Thomas Masuku, has the potential to set important legal precedents regarding the powers and actions of the National Assembly and its committees.

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Author
Daniel Nadunya