OPINION

ConCourt's stance regarding separation of powers applauded – ANCWL

Women's League says emphasizes each arm of State has specific functions, duties and responsibilities

ANCWL statement on the ConCourt ruling on secret ballot vote

22 June 2017

The African National Congress Women’s League applauds the Constitutional Court (ConCourt) for its stance regarding the doctrine of separation of powers.

A democratic  Soutu Africa ushered in by the ANC government in 1994, the Legislature has the powers to make, amend and repeal rules of law, the Executive has powers to execute and enforce the rules of law and the Judiciary has powers if there is a dispute to determine what the law is and how should it be applied in disputes. The United Democratic Movement (UDM) and its friends approached the ConCourt seeking amongst others the ConCourt to order the Speaker of the National Assembly to conduct a secret ballot on the removal of the State President.  The ConCourt ruling that there are no legal basis for it to impose an enforcement  for the secret ballot vote on the motion of no confidence against the State President and that the decision lies with the Speaker of National Assembly is welcomed.

This ruling by the ConCourt emphasized the doctrine of separation of powers that means each arm of the State has specific functions, duties and responsibilities as prescribed by the Constitution. Contrary to an occurance in one former homeland were a coup d’état was launched by power mongers and fanatics of instability, the ConCourt has rejected to be co-opted into overreaching its mandate and assist UDM and its friends to undermine the powers of the Speaker of National Assembly and cause instability in the country.

The ANCWL welcomes the ruling of the ConCourt and supports the doctrine of separation of powers. The UDM and its friends have been given a lesson that  unlike in homelands and apartheid South Africa, the democratic SA has a constitutional democracy governed through the three arms of the State acting within their boundaries as prescribed by the Constitution.

Issued by Meokgo Matuba, ANCWL Secretary General, 22 June 2017