CROSS-APPEAL OF JUDGE DENNIS DAVIS JUDGEMENT

6 December 2012

The attorneys for the ANC in Parliament, Xulu Livesage Attorneys, have been instructed to immediately file an application with the Constitutional Court for leave to cross-appeal the Western Cape High Court judgement not to order costs in the motion of no confidence case. The judgement by Judge Dennis Davis dismissed the application by the DA to force Parliament to urgently schedule a no confidence motion debate, but did not make an order regarding legal costs incurred by the respondents.

In terms of our application, the cross-appeal should be heard at the hearing scheduled in the Constitutional Court on 28 March 2013. The cross-appeal application seeks to compel the applicant in the case, the DA, to pay the legal expenses the ANC incurred both in the High Court application and the Concourt appeal application.

As we have argued in our High Court and Concourt affidavits, the application by the DA and other parties is vexatious and unnecessary as the matter under contention could simply have been resolved by parties within Parliament without involvement of the courts. The process for the review of rules by the National Assembly Rules Sub-committee is currently underway to re-examine rules, including addressing the lacuna pertaining to the motions of no confidence. This process further makes the DA's case pointless and a waste of time.

We are confident that the Concourt will rule in our favour in this regard.

Statement issued by the Office of the ANC Chief Whip, December 7 2012

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