Joint press statement by ACDP, AZAPO, COPE, DA, FF+, IFP, UCDP and UDM:

Western Cape High Court teaches ANC a lesson on upholding the Constitution

While the application to the Western Cape High Court, in the name of the Leader of the Opposition in the National Assembly, Lindiwe Mazibuko MP, on behalf of us, was dismissed, the court fully vindicated our constitutional rights to table a motion of no confidence in the President, and further held that it is unconstitutional for the majority party to block this debate from happening within a reasonable time.

This is precisely the reason why the ANC Chief Whip, Dr Mathole Motshekga, so hypocritically changed his position on the motion of no confidence at the last minute, which he originally opposed at all costs. Indeed, the Court sent a particular message to Dr Motshekga and the ANC caucus in Parliament: you cannot frustrate the constitutional rights of opposition parties by using your majority to prevent them from tabling a motion of no confidence in the President. When a motion is tabled, it must be debated, given its absolute importance and urgency.

The judgment by the High Court further highlighted that the current rules of the National Assembly regarding programming require urgent attention, as it is currently frustrating the rights of members of parliament.

He noted that this is something which the Constitutional Court might be best placed to address, and we are currently studying the judgment and considering further steps in this regard.

Today is a victory for the constitutional rights of MPs. The ANC can no longer justify blocking our rights by using their majority in committees. I hope that this is a lesson that they will learn going forward, as we seek to amend the rules in a way that give effect to, and not frustrate, the Constitution.

Issued by the DA, November 22 2012

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