DA, ANC spin ConCourt ruling

2012-11-30 22:06
The Constitutional Court (Picture: Sapa)

The Constitutional Court (Picture: Sapa)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Johannesburg - Friday's Constitutional Court decision to hear an application concerning a no-confidence debate about President Jacob Zuma was celebrated by the DA and ANC for very different reasons.

African National Congress Chief Whip Mathole Motshekga said the party felt "vindicated" that the court dismissed an application to force Parliament to hold the debate before 7 December.

"The directions issued by the nine Concourt judges indicate today that the application by the opposition parties to have the matter heard 'as a matter of urgency' is refused," Motshekga said in a statement.

Democratic Alliance parliamentary leader Lindiwe Mazibuko said she was disappointed the application would only be heard next year.

However the court's decision to hear the matter was "a great victory for our continued efforts to uphold the constitutional principle that a majority party cannot block a debate on a motion of no confidence."

The application would be heard on 28 March.

Mazibuko, supported by seven other opposition parties, tabled the motion on 8 November. However Sisulu later adjourned a programming committee meeting without the debate being scheduled, on the basis that no consensus had been reached.

The National Assembly has subsequently held its last scheduled sitting for 2012.

On Friday, Mazibuko said the court had ordered National Assembly Speaker Max Sisulu to file a report on 14 March, on progress achieved in ensuring that motions of no confidence were appropriately provided for in the National Assembly's rules.

Motshekga said the court's decision reinforced the ANC's "long-standing view that this motion is publicity gimmick, frivolous and without basis."

"The Concourt agrees with our view that this motion is not urgent... No sky will fall if this motion is debated when Parliament reopens next year, as proposed by ANC."

Motshekga said the motion was "deliberately timed to tarnish the image of the president ahead of the Mangaung conference."

Opposition parties had to stop politicising courts by involving them in their political battles, he said.

"Instead, they must come back to the table and assist in the review of rules to ensure that any gaps in the National Assembly rules is [sic] fixed."

Mazibuko said the court would be able to consider whether the Assembly's rules "in failing, effectively, to provide for a deadlock-breaking mechanism", were unconstitutional.

Earlier this month Judge Dennis Davis ruled in the Western Cape High Court that it was any MP's right to request a no confidence debate, and that such requests were "by their very nature" urgent.

But, because the National Assembly rules did not make provision for no confidence debates, Davis could not tell Sisulu when and where the debate should be heard.

On Friday, Motshekga had harsh words for a "certain section" of the media.

"It is a sad indictment of the state of our media that when the DA scores court victories against the ANC government such is celebrated through screaming front-page headlines and hailed as victory for the rule of law and the Constitution.

"However, when the ANC is proven correct by the courts of law facts are distorted and then used to crucify it."

Read more on:    da  |  anc  |  mathole motshekga  |  lindiwe mazibuko  |  max sisulu  |  parliament 2012  |  politics

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.

SCA nears Oscar ruling

2015-11-30 21:14

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
Comments have been closed for this article.

Inside News24


Miley Cyrus can’t get enough of her new puppy

Miley's new dog is too adorable.



13 guilty pets
Meet SA's top poacher-catcher
The unusual pets of Instagram
Bertie sets a new world record!

Book flights

Compare, Book, Fly

Traffic Alerts

Plant some seeds. Your innovative mind is on fire and your ingenious ideas may just be the seeds for future projects. You may meet...read more

There are new stories on the homepage. Click here to see them.


Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.


Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.