JUDGEMENT OF THE WESTERN CAPE HIGH COURT ON MOTION OF NO CONFIDENCE

22 November 2012

The Office of the ANC Chief Whip is pleased with the judgement of the Western Cape High Court, delivered by Judge Dennis Davies, which dismissed the application by the DA and 8 other opposition parties to force the National Assembly to debate the motion of no confidence in the President today.

In his judgement, Judge Davies concurred with our view that, in the spirit of the principle of separation of powers, the judiciary cannot be expected to adjudicate on matters falling under the authority of Parliament. We are concerned with the growing tendency by some parties to abuse the judiciary, in which courts are called upon to resolve the inter-party disagreements which should be resolved within Parliament. It is irrational to expect Courts to macromanage Parliament. The role of the Courts is to ensure that institutions function within the boundaries of the constitution - a fact that these parties are clearly ignorant of.

We accept the Judge's view that the current gap in the National Assembly rules, which makes it difficult for Parliament to deal with the failure to reach consensus in the Programming Committee, should be dealt with by Parliament, not the courts. As the ANC, we will be ready to address this matter.

We are still firm in our view that the motion by these parties is thick on generalised allegations and hogwash but thin on fact, which makes it frivolous and not worthy of urgent consideration by Parliament. Similarly, their application was vexatious and a waste of the court's time.

We remain committed to robust, open and free multiparty debates, which are an important feature of our parliamentary participatory democracy. We have no qualms about debating any motion in the House, including the motion of no confidence in the President - hence our assurance to debate this matter during the week of February 26, 2013.

This movement will never shy away from debate. It is for this reason that we have agreed to allocate more speaking time in the House to smaller parties. This will enhance the culture of vigorous debate on matters of national importance in Parliament.

It is ironic that, while these parties have cited the ‘politicisation of the judiciary' as a basis for this Motion, Judge Davies today sternly warned them against politicising the judiciary.

We trust that Judge Davies's judgment will send a strong message to these parties that courts cannot be abused to further narrow political ends. We also hope this will serve as a lesson on the doctrine of separation of powers and the rule of law.

We have been vindicated by this judgement.

Statement issued by the Office of the ANC Chief Whip, November 22 2012

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