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Cape Town - The Economic Freedom Fighters (EFF) has gone to court to challenge a provision that forces all MPs to be on the state’s medical aid scheme.
The party is challenging the imposition of Parmed, the medical aid scheme for MPs, on its members on the grounds that it infringes on MPs’ fundamental rights and is constitutionally invalid.
The party is suing the Speaker of the National Assembly, Baleka Mbete, chairperson of the national council of provinces Thandi Modise and Speakers of eight of the country’s nine provincial legislatures – as well as Parmed.
Members of the Western Cape legislature are free to use a medical scheme of their choice.
The EFF claims that forcing MPs to be on the scheme infringes on the right to freedom of association and the right not to be arbitrarily deprived of property.
Section 1 of the Parliamentary and Provincial Medical Aid Scheme Act makes membership of Parmed compulsory for members of the National Assembly, members of the executive, Constitutional Court judges, the Supreme Court of Appeal and high court judges.
But in papers filed last week, Parliament did not deal with the issues raised in the EFF’s application. Instead it wants the president, the finance minister and the chief justice to also be respondents in the EFF case.
In his application to the Western Cape High Court, EFF leader Julius Malema states on behalf of himself and 60 EFF members in Parliament and the provincial legislatures that, after they became MPs and members of the provincial legislature, some members complained of the substantial deductions being made from their salaries as contributions to Parmed.
He said: “Our members, including me, were alarmed by the amounts ... being deducted.
“Most of our members had been members of substantially more affordable medical aid schemes before joining Parliament and the provincial legislatures. Some members who had joined Parmed by completing the necessary forms were not fully aware of the financial implications of joining...”
He said it only became clear once the deductions started that they were unaffordable. He said the EFF had tried to engage with other political parties in Parliament to find a solution, but none could be reached. It then took a decision to withdraw its members from Parmed.
But Parliament refused, saying that membership of Parmed and the deductions were compulsory.
EFF MPs decided not to use the scheme as a matter of principle. Only those who are critically ill or pregnant use it.
In Parliament’s provisional answering affidavit, deputy speaker of the National Assembly Lechesa Tsenoli only deals with Parliament’s insistence that the president, chief justice and finance minister be included as respondents, and not the issues raised by the EFF
