In a pivotal legal battle, Bernadus Swartbooi is challenging the decisions of the National Assembly's Speaker before a full bench of the High Court led by Judge Masuku.

The speaker suspended Landless People's Movement (LPM) members of parliament Swartbooi and Hennie Seibeb in 2021 for allegedly interrupting the president during his State of the Nation Address.

The speaker considered the two politicians' actions to pose danger to the Head of State.

Key contentions include the formation of an improper committee and Swartbooi's exclusion from democratic processes.

His argument seeks the necessity of court intervention to reinstate his rights.

The crux of the matter lies in the committee's authority to recommend a suspension—an authority Swartbooi's legal team asserts it lacked. He argues that the power to recommend the suspension of MPs vests in the Rules Committee and not the Privilege Committee, and therefore, the Privilege Committee exercised the power it does not have, rendering the outcome of its investigation and recommendation unlawful.

On the opposing side, the Speaker maintains Parliament's right and legislative power to govern and regulate its own internal affairs.

This point seeks to discourage the court from having jurisdiction over parliament's business.

The applicant, however, says the discretion of parliament is subject to the constitution.

The case's ramifications extend to potentially reshaping the legislative-judicial dynamic, establishing fresh legal precedents, and influencing parliamentary practices.