Parly might dissolve itself

2004-01-13 16:57

Donwald Pressly

Cape Town - A majority of members of the national assembly will have to pass a motion dissolving itself in order for an early national election to be held this year, according to the Independent Electoral Commission.

With Independent Democrats leader Patricia de Lille calling on President Thabo Mbeki to provide clarity on the election date, IEC legal spokesperson Anton Venter pointed out that the current parliamentary five-year term only expired on June 1 this year.

He also pointed out that the president was unlikely to proclaim the date of the election before the registration weekend on January 24 and 25 as the election voters' roll would immediately be frozen in terms of the Electoral Act.

If the president wished to call an early election - which is widely expected as the ruling ANC has already launched its election campaign - he must follow the letter of the constitution.

In terms of Section 50 of the constitution applying to the dissolution of the national assembly before the expiry of its term, the president must dissolve the assembly "if the assembly has adopted a resolution to dissolve with a supporting vote of a majority of its members".

In addition, three years must have passed since the assembly was elected - a provision that does not apply as nearly five years have passed since June 2 election in 1999.

April 14 likely date

Speculation is rife among opposition parties that the president will choose one of the following Wednesdays - March 31, April 14 or April 26.

However, many schools and universities are closed on March 31 while April 26 is just a day short of the public holiday of April 27 commemorating Freedom Day - the first non-racial national election in 1994.

Major festivities of 10 years of democracy are planned for that day - so April 14 seems a most likely date - but the president may choose a date earlier in March.

Hide-and-seek

De Lille argued that the ANC should "stop abusing its position as the incumbent party in the run-up to the election".

She said the party was playing a destructive game of hide-and-seek with the country's democracy.

"Given the high level of voter apathy in the country, it is unwarranted for President Mbeki to hold back the date for the election while launching the ANC's campaign."

Presidential spokesperson Bheki Khumalo, speaking from the Democratic Republic of Congo on Tuesday - where Mbeki and ministers are on a two-day visit - said it was the president's prerogative to call the election.

He said he had no idea at this stage when this announcement would be made.

While it has been speculated that Mbeki may make the announcement in his State of the Nation speech at the opening of parliament on February 6, it is likely that he may delay this matter to allow the resolution of parliament to be passed first.

Once the resolution is passed and Mbeki issues a proclamation, the election must be held within 90 days.

- I-Net Bridge (News24)