CONCOURT'S DECISION ON NO CONFIDENCE MOTION

30 November 2012

The Office of the ANC Chief Whip is pleased with the decision of the Constitutional Court to dismiss the application by eight opposition parties to the Court, aimed at urgently forcing Parliament to debate the motion of no confidence in the President before 7 December 2012. The directions issued by the nine Concourt judges indicate today that the application by the opposition parties to have the matter heard "as a matter of urgency" is refused. In terms of these directives, the matter can only be heard by the Concourt on 28 March 2013.

The Chief Whip of the ANC, who is the second respondent in the matter, had earlier this week argued in his Concourt affidavit that the matter is not worthy of urgent hearing by the court.

Firstly, it is noteworthy that we are again vindicated, by the second court, that the judiciary cannot be seen to adjudicate on the internal business of Parliament, which is constitutionally an independent arm of the state. Secondly, the Concourt agrees with our view that this motion is not urgent and therefore undeserving of parliament's urgent consideration. There is no basis in law for this type of motion to take precedence over other business of parliament. 

Indeed scheduling this motion urgently or summoning MPs back from international study tours and oversight visits as demanded by the DA and other parties, would have disrupted parliament's programme, which has already been agreed to by all parties. Such exercise would have placed unnecessary administrative, logistical and financial burden on the institution. Most, if not all, of the issues raised in the motion have either been debated as separate motions already or dealt with through written and oral questions in the House. No sky will fall if this motion is debated when Parliament reopens next year, as proposed by ANC.

The Concourt decision today reinforces our longstanding view that this motion is publicity gimmick, frivolous and without basis. This motion was deliberately timed to tarnish the image of the President ahead of the Mangaung conference. This belief is supported by Lindiwe Mazibuko's statement in the National Assembly on 30 May 2012 calling to the President not to avail himself for re-election.

We reiterate the call by Judge Davis to these parties to stop politicizing the courts by involving them in their political battles. Instead, they must come back to the table and assist in the review of rules to ensure that any gaps in the National Assembly rules is fixed.

We similarly urge certain section of the media to report fairly and objectively on this case. 

It is a sad indictment of the state of our media that when the DA scores court victories against the ANC government such is celebrated through screaming front-page headlines and hailed as victory for the rule of law and the Constitution. However, when the ANC is proven correct by the courts of law facts are distorted and then used to crucify it. We thank those who stood by their journalistic ethics and refused to take sides in this court battle. 

Statement issued by the Office of the ANC Chief Whip, November 30 2012

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