The MK Party has announced its intention to file an urgent application with the Constitutional Court to interdict the upcoming swearing-in ceremony of Members of Parliament (MPs).
MK Party plans to halt Parliamentary swearing-in ceremony
This decision was revealed on Friday, 7 June 2024, when the party’s legal representatives issued a formal demand to the Chief Justice and the Secretary to Parliament.
The MK Party claims that the unresolved objections regarding the recent election results make the scheduled inaugural session of the National Assembly unconstitutional.
“We argue that unresolved objections and the veracity of the substance by MK Party and other political parties who represent the will of the people, render this “market based” declaration, and consequently the sitting and all its activities unconstitutional,” the party exclaimed.
The party argues that without the inclusion of MK members, the National Assembly will not meet the legal requirement of 350 members, thereby invalidating the session intended to appoint a President and establish the government.
“Despite our legally sound and legitimate objections as submitted in line with section 55 to the IEC, the parliament’s response disregarded our request by spearheading an agenda to proceed regardless of such concerns which are serious in their nature,” the party claimed.
The party’s allegations
The MK Party has based its urgent application on allegations of election fraud and rigging.
The party insists that the courts must address these grievances before the National Assembly can be constituted.
According to the MK Party, the election results are a sham, and the party is resolute in ensuring a re-run of the elections within three months.
They argue that the absence of their members will prevent the lawful composition of the National Assembly, thus invalidating any subsequent actions, including the election of the President.
In a media statement, the MK Party accused the Chief Justice and the Secretary to Parliament of prematurely declaring the election results without addressing the serious objections raised.
The party expressed concerns that such actions undermine public confidence in essential state institutions, including Parliament and the judiciary.
“In lieu of parliaments posture, we are compelled to express grave concerns about the Secretary of Parliament, but most crucially the Chief Justice for their premature statement or judgements regarding issues related to the matter at hand, knowing that the matter may end up in court,” the statement read.
The MK Party emphasised its commitment to safeguarding the political integrity and will of the people, ensuring that every citizen’s vote is accurately reflected in governmental proceedings.
Plans in place to establish the seventh Parly administration
Despite the MK Party’s objections, Parliament has made comprehensive plans for the establishment of South Africa’s seventh democratic Parliament.
Parliamentary spokesperson Moloto Mothapo stated that all necessary arrangements have been made for a seamless transition, including the onboarding of new Members of Parliament.
“Under a proportional representation electoral system, Members of Parliament (MPs) are elected to represent the people of the country and act as their voice. Parliament, therefore, is accountable to the people of South Africa,” Mothapo said.
The first sitting of the National Assembly is scheduled to occur no more than 14 days after the election results are declared, with the Chief Justice presiding over the election of key parliamentary officials, including the Speaker, Deputy Speaker, and the President of the Republic.
Mothapo noted that the National Assembly plays a crucial role in ensuring a government by the people, providing a forum for public consideration of issues, passing legislation, and exercising oversight over the executive’s actions.
He explained that the National Assembly must be constituted with no fewer than 350 and no more than 400 members, and its term is five years.
“Currently, there is no National Assembly, and the process to establish the new House has commenced,” Mothapo explained.
The MK Party’s legal action aims to delay these proceedings until their grievances are addressed.
However, Parliament remains prepared to proceed with establishing the new administration as planned.
The Chief Justice has gazetted the rules for the first sittings, and the orientation of new MPs is already underway.
The first sitting and onboarding venue have been secured at the Cape Town International Convention Centre (CTICC), ensuring that the transition to the new parliamentary term is smooth and efficient.