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Picture courtesy: (Fani Mahuntsi/Getty) The MK party plans to boycott the parliamentary sitting scheduled for this Friday.
(The Post News)- The uMkhonto we Sizwe (MK) Party has taken urgent legal action to prevent the first sittings of the National Assembly and National Council of Provinces, scheduled for this Friday at the Cape Town International Convention Centre.
The party filed an urgent application in the Constitutional Court, seeking an interdict based on their ongoing grievances regarding the election results. The party’s move comes amid allegations of voter rigging during the May 29 general elections, where the MK Party secured 45 seats in the KwaZulu-Natal Legislature and 58 in the National Assembly.
In response, the party has directed its attorneys to seek an interdict from the Constitutional Court.
In the letter submitted to Parliament, the MK Party raised concerns about alleged vote rigging during the elections.
The party contends that the election process was compromised, leading to an unfair outcome.
Their legal representatives argue that the first parliamentary sitting would be unconstitutional in light of these irregularities.
Parliament swiftly responded to MK’s letter, asserting its commitment to constitutional processes.
According to Moloto Mothapo, the spokesperson for Parliament, the institution disagrees with MK’s interpretation of Section 46 of the Constitution.
Parliament maintains that it is legally obligated to facilitate the first sitting of the National Assembly and the National Council of Provinces, as directed by the Chief Justice. Section 49(3) of the Constitution reinforces this obligation.
It stipulates that unless a court sets aside the election results, Parliament must proceed with the scheduled sittings.
Consequently, preparations are underway for the physical convening of these sessions in Cape Town.
The MK Party has not yet provided evidence of the alleged vote rigging, and parliament’s response to their objections has been dismissive, prompting the MK Party to take this drastic step.
Research and Advocacy Officer at Judges Matter, Mbekezeli Benjamin, shed light on the legal implications of the MK Party’s move.
According to Benjamin, the Electoral Act stipulates a clear process for addressing election disputes and mandates that aggrieved parties must file an appeal with the Electoral Court within three days of the IEC’s decision.
This avenue allows parties to challenge the outcome based on procedural or substantive grounds.
“Unfortunately, if the MK Party missed the deadline, the ship would have sailed,” Benjamin stated.
“They must act swiftly if they intend to pursue legal remedies,” he added. In light of MK’s decision not to attend the first sitting, Parliament has cancelled all arrangements for accommodation and flights for the party’s elected members.
This measure aims to avoid unnecessary expenditure, aligning with the Financial Management of Parliament and Provincial Legislatures Act, 2009, according to Parliament’s spokesperson, Moloto Mothapo.
Mothapo acknowledges the MK Party’s stance but maintains that the session will proceed as planned.
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