Legal researcher Mbekezeli Benjamin says it’s unlikely that uMkhonto weSizwe (MK) Party’s attempt to interdict the first sitting of the National Assembly will succeed.
The sentiment comes as the Jacob Zuma-led party launched an urgent application at the Constitutional Court on Tuesday.
WHY DOES MKP WANT TO INTERDICT NATIONAL ASSEMBLY FIRST SITTING?
Recently, the MK Party urged Chief Justice Raymond Zondo and Secretary to Parliament Xolile George to postpone the first sitting, claiming it would not be constitutional. The party raised concerns about the discrepancies in the 29 May polls.
In an interview with Newzroom Afrika, Benjamin said without the MK Party the remaining Members of Parliament can elect a Speaker, Deputy Speaker and nominate a President.
“For the National Assembly to take legally binding decisions there is a minimum number of members to present and that is what we call the quorum. For the National Assembly to pass laws it needs a minimum of 50% +1 and that is 201 members. However, for any other business unless the Constitution requires you only need a third of the members to be present. That means you only need 134 members,” he explained.
Furthermore, Benjamin said any other business in the context would include the election of the Speaker of the National Assembly and the President.
“Those decisions need at least a third of the members of the National Assembly to be present and that is 134 members. That is the only quorum requirement for Friday. In fact, in the Constitution there are different quorum requirements. For example, to impeach a Public Protector or a Judge you need a two-thirds majority and that is 267 members. For passing laws you just need 201 and for any other business including the election of a President you need 134.
“Whether the 58 members of the MK Party attend on Friday or they don’t attend it does not affect the business of the National Assembly. The National Assembly can still continue and elect the Speaker and the President” Benjamin added.
PARLIAMENT CANCELS FLIGHTS AND ACCOMMODATION ARRANGEMENTS
Meanwhile, Parliament has cancelled accommodation and flight arrangements for MK Party members who were expected in Parliament on Friday.
Parliament spokesperson Moloto Mothapo said they disagreed with the MK Party’s interpretation of Section 46 of the Constitution.
Mothapo said Parliament was legally bound to facilitate the first sitting of the National Assembly and the National Council of Provinces at a date and time determined by the Chief Justice, and no legal impediments are preventing this process.
“According to section 49(3) of the Constitution, until a court sets aside the election results, Parliament must ensure that the sittings proceed as directed. Because the first sittings of the National Assembly and the National Council of Provinces will take place physically, the Parliamentary Administration is in the process of making arrangements to provide travel and accommodation for all members listed by the IEC, as handed over by the Chief Justice, to attend these sittings and the associated onboarding activities scheduled in Cape Town.
In light of the MK Party’s expressed decision, through their legal representatives, not to attend the first sitting, Parliament has cancelled all arrangements for accommodation and flights for the party’s elected members,” he said.
Mothapo said this measure is to avoid fruitless and wasteful expenditure, in compliance with the Financial Management of Parliament and Provincial Legislatures Act, 2009.
