South Africa’s uMkhonto we Sizwe (MK) Political Party has said it would boycott the swearing-in ceremony of the new parliament and also threatened legal action should parliament hold its first sitting following the May 29 elections.
Members of parliament are expected to take their oath of allegiance to South Africa and the Constitution at the Cape Town International Convention Centre (CTICC) on a yet-to-be announced date during the first sitting of the new parliament.
A letter from MK Party lawyers to the Secretary of Parliament, Xolile George, and Chief Justice Raymond Zondo, however, asks that both offices refrain from convening the first sitting of parliament.
This demand comes after the IEC officially handed over lists of members of Parliament and provincial legislatures to the Chief Justice, who handed them over to the Secretary of Parliament, who says plans are underway for the swearing-in of members.
'Unconstitutional move'
Parliament South Africa has acknowledged receipt of the letter from the MK party, which claims the sitting is “unconstitutional.”
“Parliament has taken note of the letter from the MK Party informing the institution of its intention to challenge the validity of the election results as declared by the Independent Electoral Commission (IEC),” Parliament said in their statement.
MK Pary says its “58 elected members, who are expected to occupy seats in the National Assembly, will boycott and not attend the first sitting. The MK Party is protesting the scheduling of the first sitting of the National Assembly, claiming it would not be constitutional.”
The National Assembly, however, says the first sitting, expected to take place no more than 14 days after the general election results were declared, will go ahead as planned.
'Plans will go ahead'
“Parliament is of the view that it is legally bound to facilitate the first sitting of the National Assembly and the National Council of Provinces at a date and time determined by the Chief Justice, and there are no legal impediments preventing this process.”
The statement explained that the decision to proceed is hinged on Section 49(3) of the Constitution: “Unless and until the results of the election are set aside by a court, Parliament must ensure that the sittings proceed as directed,” it quoted.
It also added that all travel and accommodation arrangements for elected MK party members have been cancelled following their decision to boycott the swearing ceremony.
“This measure is to avoid incurring fruitless and wasteful expenditure, in compliance with the Financial Management of Parliament and Provincial Legislatures Act, 2009,” the assembly added.
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