ConCourt dismisses MK party’s urgent bid to halt Parliament

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NATIONAL NEWS & VIDEO - The first sitting of the National Assembly (NA) will go ahead as scheduled tomorrow.

The Constitutional Court has dismissed the uMkhonto weSizwe (MK) party’s urgent application to interdict Chief Justice Raymond Zondo and Parliament from proceeding with the first sitting of the new parliament on Friday.

On Wednesday, the apex court found that the party did not produce evidence to support its desired outcome of the case.

According to the Constitution, the first sitting of the NA must take place within 14 days after the declaration of the election result at a date and time for the Chief Justice to determine.

In a judgment late on Wednesday night, the Court concluded that neither the decision nor conduct engaged its jurisdiction in terms of Section 167(4)(e).

However, despite this knowledge, the party only launched the application on the 10th of the same month. Therefore, the court finds that the urgency is self-created.

The court adds that the party has also misconstrued Section 46 of the Constitution, which prescribes that the National Assembly consists of no fewer than 350 and no more than 400 members.

However, according to Section 53, a new president can be elected if at least one third of the 400 members attend the sitting.