ANC Caucus Statement on motion to repeal apartheid laws

As this ANC government, we have made great strides in repealing over 2000 Apartheid laws which were found to be inconsistent with the values of our democracy and the Constitution of the Republic of South Africa. This process, which began with our country's democratic breakthrough in 1994, is ongoing.

Schedule 6 section 1 (1) states that all pieces of legislation that were in force when the new Constitution took effect, remain in force unless amended or repealed if they are inconsistent with the new Constitution.

Furthermore, former President Kgalema Motlanthe is engaged in a process of leading a High Level Panel reviewing laws passed by this parliament since democracy. This is a further testimony to our unwavering commitment to intensifying the process of reviewing laws which are not in line with the Constitution and assessing the impact the laws we make have on the lives of South Africans. The process of repealing and amending laws is an ongoing process, not an overnight exercise, that this parliament is continuously engaged in.

The Riotous Assemblies Act of 1956, which the EFF leader has been charged under, remains on our statute books as per the provision of the Constitution, unless declared otherwise by the Constitutional Court or amended through a Parliamentary process. Those who have faith and respect in the role played by the judiciary in our constitutional democracy must thus allow the court the space to adjudicate on the matter. Also, if the EFF were not as ignorant of their Parliamentary responsibilities as they clearly are, they would have tabled a private member's amendment bill in Parliament to amend the Act, instead of spending this afternoon grandstanding and scoring cheap political points.

It is mischievous and opportunistic of the EFF, because they are today facing a matter in court for allegedly inciting public violence and anarchy, to want this parliament to decree at once that all laws are unconstitutional. Ruling by decree is a feature of dictatorial regimes, which is in direct conflict with our constitutional democracy.

The ANC is a vanguard of the Constitution of South Africa shall never act or vote in a manner which is not in line with the provisions set out in our Constitution.

Statement issued by the Office of the ANC Chief Whip, 22 November 2016