Thuli Madonsela slams MK’s spanner in works

Former public protector Thuli Madonsela has lambasted the uMkhonto weSizwe (MK) party for approaching the Constitutional Court in a bid to interdict the first parliament’s first sitting on Friday.

Former president Jacob Zuma’s MK party, which secured 58 seats in parliament, recently announced its lawyers have written to the Constitutional Court (ConCourt) to interdict the proceedings aimed at electing a new president, speaker and the swearing-in of the new members.

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“These matters are normally resolved under the Electoral Act within the Electoral Commission of SA (IEC) and electoral court structures and through evidence,” said Madonsela.

‘Not a matter for Parliament’

“It is not a matter for parliament. Parliament’s timeline and conduct are constitutionally determined. They cannot be changed without changing the constitution.

“If the MK party is not inclined to use those channels, parliament is in no position to stop its process as that would be unconstitutional.

“It also cannot mediate with the party or anyone as there are no parliamentary structures, with the sixth parliament having been dissolved.

“All we have is the judiciary and a Cabinet waiting for the new president and their appointments,” added the former public protector.

An analyst, John Molepo, an associate professor at North-West University, said the party should be allowed to take its election grievances to court so the matter could be finalised.

“It will be the first time this happens in South Africa. We are all trying to check what will the court say, particularly about the issue of the elections and the composition of parliament.”

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A few days ago, the MK party, which is the third-biggest political party, emphasised its position of not wanting to attend the opening session of the National Assembly has not changed.

MK said its members would only attend parliament sessions after their election-related grievances had been heard in the ConCourt.

“In defence of our people’s constitutional rights, MK will file papers with the Constitutional Court to interdict the swearing-in of party-nominated candidates as members of the National Assembly until our grievances, which are premised on allegations of elections fraud and rigging, are addressed.”

Responding to the MK letter, parliament spokesperson Moloto Mothapo said the opening of the parliament would continue without the MK members.

Mothapo stated parliament “has taken note of the letter from the party of its intention to challenge the validity of the election results as declared by the IEC.

“The party has also indicated that its 58 elected members, who are expected to occupy seats in the National Assembly, will boycott and not attend the first sitting.”

He said parliament was legally bound to facilitate the first sitting at a time determined by the chief justice and no legal impediments were preventing this.