Political parties are racing against time to form a new government as Chief Justice Raymond Zondo confirmed that the first sitting of the National Assembly (NA), where the next President of South Africa and Speaker of Parliament are expected to be elected will be on Friday.
The sitting will take place amid threats of legal action by the Jacob Zuma-led uMkhonto weSizwe Party (MKP), which warned Parliament not to proceed with the swearing-in of newly elected MPs while it planned to challenge this year’s election results in court.
The party initially asked that the declaration of the results be postponed, but the Electoral Commission of South Africa (IEC) went ahead, citing that the objections were insignificant in number.
On Monday, MK Party spokesperson Nhlamulo Ndhlela said they will file papers to stop the swearing-in of MPs until their grievances were thoroughly resolved.
“We have directed our attorneys to urgently seek an interdict from the Constitutional Court to postpone the session while these critical legal issues and questionable election results, which point to grossly serious grievances of possible election fraud and rigging, are addressed,” he said.
Their action was prompted by Parliament’s response after the party’s attorneys, Zungu Incorporated, sent a letter of demand to Zondo and Secretary to Parliament Xolile George on Friday.
This was a day after Zondo handed over the list of designated MPs to George in preparation for the sitting that must be held not more than 14 days after the declaration of results on June 2.
Zungu also said the MK Party’s 58 MPs would boycott the first sitting.
“This will mean that the National Assembly will not have the requisite minimum number of 350 sworn-in members to constitute it, a question which is totally different to the quorum required for a properly constituted National Assembly,” he said.
In response, Parliament’s chief legal adviser, advocate Zuraya Adhikarie, said they disagreed with the party’s interpretation.
Adhikarie said George was legally bound to facilitate the first sitting of Parliament on a date and time determined by Zondo. “Accordingly, unless and until the results of the election are set aside by a court pursuant to section 49(3) of the Constitution, Parliament must ensure that the sittings take place as directed,” she wrote in a letter dated June 8.
Adhikarie informed the MK Party that the parliamentary administration had made accommodation and travel arrangements for newly elected MPs to attend the first sitting, which Zondo determined on Monday to be this Friday.
“Given your correspondence, we will instruct the officials to cancel all arrangements in respect of accommodation and flights for your client’s elected members so as not to incur fruitless and wasteful expenditure,” she added.
The stand-off between the party and Parliament unfolds as other political parties were locked in internal discussions on whether to join the ANC ‘s call for a Government of National Unity (GNU).
The top leaders of the DA and the IFP were locked up in federal council and national executive committee meetings respectively.
President Cyril Ramaphosa said regardless of the form of the incoming administration, it was important that the momentum of reform be retained and sustained.
“A stable and effective government committed to economic reform will enable us to build an inclusive and growing economy that benefits all South Africans.”
Some of the parties have made their preferences known, with the EFF stating that it would not enter into a government that included the DA.
Al Jama-ah leader Ganief Hendricks said on Monday said party was invited to talks by the ANC at the weekend.
Hendricks said the ANC was given a mandate to govern and serve even with 40% of the vote, but warned it against joining hands with parties that would return the country to “white rule”.
Hendricks said that the freedom South Africans enjoyed today would be reversed if the DA and its “Moonshot Pact” became portfolio committee chairpersons and would also delay amendments that entrenched apartheid.
“Al Jama-ah outrightly rejects a GNU because it will include values of the Moonshot Pact which is anti-humanitarian, supports the genocide of Palestine and its policies are anti-poor, leaving the vast majority of South Africans out in the cold,” Hendricks said.
RISE Mzansi leader Songezo Zibi said their national leadership collective concluded that they would listen to and speak with a number of political parties and take part in the National Dialogue.
Cape Times