DA approaches the High Court in bid to compel Speaker Qabathe to schedule MONC in Ace

20 February 2018

The DA has today instructed its legal counsel to submit an application to the Free State Division of the High Court, Bloemfontein, seeking relief to compel the Speaker of the Free State Provincial Legislature, Mamiki Qabathe, to schedule a special sitting to debate and vote on our motion of no confidence (MONC) in Premier Ace Magashule. See the DA’s submission here.

The election of Ace Magashule as full-time Secretary-General of the ANC stationed in Luthuli House, should have prompted his immediate resignation as Premier of the Free State. The recent events around the Vrede Dairy Project which saw a number of individuals and companies appear in court on criminal charges alongside many other controversial issues relating to his premiership are further reasons for a MONC.

We have used every opportunity to constructively engage with Speaker Qabathe and the Chief Whip of the Legislature, Neels van Rooyen, in this matter since 29 January 2018 to no avail. It appears that both the Speaker and the Chief Whip of the Legislature remain hell-bent to prevent the debate and vote in the motion.

Chief Whip Van Rooyen has claimed that the programme of the Legislature does not allow time to hear the motion, however, last week Speaker Qabathe announced a postponement of the State of the Province Address (SOPA), scheduled for the 20th February 2018, in Parys, until further notice.

Since our submission to Speaker Qabathe on the 29th January 2018, she has failed to effectively decide on our request, deflecting responsibility to Chief Whip Van Rooyen, who himself has been complicit in ensuring the extended delay in the granting our request. It appears that, not only is the Speaker unwilling to hold her political principals to account in line with the Legislature’s constitutional mandate, but is deliberately frustrating the DA’s attempts to do so.

In 2012, The Western Cape Division of the High Court ruled that motions of no confidence are inherently urgent and that they should receive precedence over other business. In 2013 the Constitutional Court ruled that the National Assembly should correct its rules to make provision for matters of no confidence in line with the provisions of the Constitution.

The DA is confident that the High Court will support our reasonable request, which is supported by previous judgements on the matter.

Issued by Roy Jankielsohn, Leader of the Official Opposition in the Free State Provincial Legislature, 20 February 2018