DA to proceed with court action tomorrow over motion of no confidence
The Speaker of the National Assembly, Max Sisulu MP, has today submitted an answering affidavit to the DA's legal team. Mr Sisulu will oppose the DA's application on procedural grounds to compel him to schedule the debate on the motion of no confidence in President Zuma tabled by myself on 8 November 2012. Insofar as Mr Sisulu has not provided for the relief requested in our founding affidavit, namely that he schedule a debate on the motion of no confidence before the 22 November 2012, the DA will proceed with the court action tomorrow before the Western Cape High Court.
The announcement today by the ANC NEC that the party was not opposed to the motion of no confidence being debated, and that their concern was merely over it receiving precedence, is in complete contradiction to the position put forward by ANC Chief Whip, Dr Mathole Motshekga over the last two weeks. His numerous comments and press releases revealed his complete opposition to the matter being considered at all. This backtracking is not unexpected given the unconstitutional approach taken by Dr Motshekga.
It is worth noting however that international precedent, and the very nature of the motion of no confidence itself, provides for this debate to be urgently tabled. To not allow for this to happen will result in the motion falling off the order paper at the end of the year. This will effectively block the debate, and in doing so, undermine the Constitutional provision which gives effect to it.
To not allow for a debate on a motion of no confidence, provided for by the constitution in terms of Section 102 (2), is both unprecedented and unconstitutional. We will argue our case before the courts tomorrow in defence of both parliament and the constitution.
Note the Editors: The matter will be considered before the Western Cape High Court at 10am tomorrow, 20 November 2012.
Statement issued by Lindiwe Mazibuko MP , DA Parliamentary Leader, November 19 2012
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