MK’s tactics won’t stop MPs from being sworn in – experts

The uMkhonto weSizwe (MK) party has threatened to boycott the ceremony where MPs in the National Assembly are sworn in, accusing the ANC of rigging the election results.

But their protest won’t stop parliament from convening, say experts.

Boycott will have no effect

Constitutional law scholar Pierre de Vos said should the MK party boycott the first session, it would have no effect, except to reduce the number of votes required to elect the president, speaker and deputy speaker.

He said: “The ANC has 159 seats, so the number cannot go below 134, even if only ANC MPs rock up.

“The IEC [Electoral Commission of South Africa] has declared results, which they can only do if they believe … objections will have no material effect on the results.”

As long as 134 MPs were sworn in and present when the president was elected, the election would be valid.

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“If parties are not happy they can approach the Electoral Court which can review and set aside IEC decisions,” he said.

“They can also ask the Constitutional Court to set aside the entire election, but in the absence of evidence the results do not more or less reflect how people voted [and there is currently no evidence of this], the Constitutional Court will not entertain such an application” he said.

Decision will not alter provisions of Electoral Act

De Vos said a decision by more than 50 MPs not to be sworn in would not alter the provisions of the Electoral Act, which fixes the size of the National Assembly at 400.

MK leader Jacob Zuma has been quoted as claiming IEC officials took MK’s votes and “gave them to other political parties”.

“We have concrete evidence to back this,” he said. “Should they continue ignoring us, we could refuse to take up our seats in parliament.”

Elections analyst Michael Atkins said only multiple objections might have a cumulative effect that could change a seat.

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