Defection Bill set for easy passage
2003-02-04 22:50
Cape Town - Draft legislation allowing floor-crossing at national and provincial government level looks set to sail through parliament, making for possible defections this year.
Parliament's justice portfolio committee completed its deliberations on what is now known as the Constitution of South Africa Second Amendment Bill, and is due to vote on the measure on February 19.
It is likely to be approved by the National Assembly before the end of this month.
Most political parties indicated on Tuesday they were satisfied with the bill, given the removal of provisions allowing for retrospectivity, although the United Democratic Movement reserved the right to challenge the legislation in the Constitutional Court.
Strongest opposition from public
The strongest opposition came from a member of the public, Marilyn Lilley.
She told MPs the bill was undemocratic.
"It undermines our new and hard-fought for democracy, and ultimately invalidates any vote I and any other voter may make in future elections if politicians are allowed to cross to other parties.
"My vote is effectively taken away from me," she said.
The bill - tabled in November last year after an earlier version was rejected by the Constitutional Court as procedurally flawed - is aimed at allowing defections at national and provincial level, as is already the case at municipal level.
'Reinstatement clause'
Justice Minister Penuell Maduna earlier this month requested a controversial "reinstatement" clause be removed in line with an agreement reached between the African National Congress and the Inkatha Freedom Party.
The provision sought to protect five members of the KwaZulu-Natal legislature that jumped the gun last year and announced their intention to defect to the ANC.
They were duly expelled by their parties - the Democratic Alliance, IFP and UDM - after the UDM launched a Constitutional Court challenge, effectively putting off the defection "window" period.
The retrospective clause would have seen the five reinstated as MPLs for the ANC, and had led to the IFP threatening to call an early election in the province.
The DA and New National Party were happy on Tuesday that the provision had been removed, and announced their intention to vote in favour of the bill.
DA proposes shorter window
DA justice spokesperson Tertius Delport, however, suggested the proposed 15-day window for defections be cut to one week.
The African Christian Democracy Party maintained its opposition to floor-crossing.
The committee's chairperson, the ANC's Johnny de Lange said from a legal point of view, he was pleased the retrospective clause had been removed as it could have proved "problematic".
He said the bill in its latest form was now virtually identical to draft legislation that was declared constitutional last year.
- SAPA