EFF leader Julius Malema has taken National Council of Provinces chairwoman Thandi Modise to court in a bid to have his ejection from Parliament declared unlawful, the Sunday Times reported.

Malema was ordered to leave the House after he blamed the African National Congress government for the 2012 Marikana shooting.

In court papers filed in the Western Cape High Court last week, Malema claimed Modise's ruling was unlawful because his statements fall under the protection of the Constitution.

In a 10-page affidavit, he claimed he and the Economic Freedom Fighters had been humiliated.

"[Modise's] rulings caused me and my party public embarrassment and political harm in that they created the impression that my criticism of the ANC had been unlawful," Malema wrote.

Malema wants an apology from Modise and the court to find that his ejection was unlawful.