By Lehlohonolo Lehana.
The Constitutional Court dismissed the uMkhonto weSizwe (MK) party urgent application to interdict Friday’s first sitting of parliament at which the speaker and president will be elected.
The MKP is arguing that the National Assembly’s first session should not have been scheduled because it is unconstitutional.
In its court papers, the MK party said the National Assembly cannot be properly constituted unless there at least 350 members of Parliament present as prescribed in Section 46 of the Constitution.
The party also asked the court to order President Cyril Ramaphosa by proclamation to call and set dates for another election which must be held within 90 days of the order in terms of Section 49 of the Constitution.
The MK party’s legal action follows their ongoing grievances regarding the election results.
The court ruled that the decisions at issue in the case were not matters for the Constitutional Court’s exclusive jurisdiction and it was not in the interest of justice to grant direct access because the MK Party “self-created” urgency, and there was no merit in the application as the party has failed to show “it will suffer irreparable harm if the interdict is not granted”.
The court said the MK Party did not adduce facts to support its claim that the election result was manipulated.
The MK Party had “misconstrued the relevant constitutional provisions it seeks to rely on”.
The MK Party had satisfied the legal requirements for an interim interdict and not brought to the court “sufficient facts” to establish a prima facie case for the “main application,” the court said.
The order was concurred on by ten justices of the Constitutional Court: deputy chief justice Mandisa Maya, justices Jody Kollapen, Mbuyiseli Madlanga, Stevan Majiedt, Rammaka Mathopo, Nonkosi Mhlantla, Owen Rogers, Leona Theron and Zukisa Tshiqi and acting justice Pat Gamble.
The secretary to Parliament, Xolile George, will hold a media briefing on preparations to host the first sittings of the two Houses of Parliament.
Meanwhile the African National Congress (ANC) will hold a National Executive Committee (NEC) meeting tomorrow at 16:00 in Cape Town to finalize the party’s posture and alliances in the Government of National Unity.