DA mounts Contitutional Court against parliamentary rules

01 Feb 2016 | Admin Author

The Democratic Alliance has brought an application in the Constitutional Court challenging the rules of parliament.

This, after Speaker Max Sisulu dragged his heels on scheduling debate on a motion of no confidence in president Jacob Zuma last year.

DA parliamentary leader, Lindiwe Mazibuko, says she wants the court to find that Sisulu had acted unconstitutionally by not vindicating her right as a member of parliament to bring the motion of no confidence.

"If the Concourt does not agree with that appeal then we want them to look at the fact that the rules of Parliament themselves are unconstitutional, because they require that an MP who needs to make a motion of no confidence must go to the ANC and ask them for permission, and that is not what the Constitution envisages" she said.
Meanwhile, the ANC says the matter should not have even made it to the Constitutional Court.

ANC parliamentary spokesperson, Molotho Mothapo, says an earlier ruling by Cape High Court judge, Dennis Davis, stated that in terms of the doctrine of separation of powers, the judiciary cannot interfere in the internal business of Parliament.

He says the issue is a political dispute that should be resolved by parties in parliament adding that gaps in the rules of parliament relating to motions of no confidence in the president are being addressed.