Constitutional law expert Lufuno Nebondwe says only the courts can stop Parliament from convening its first session. This comes after the Umkhonto weSizwe (MK) party wrote to the Chief Justice and Parliament asking them not to convene the session.
The MK Party is unhappy with the election results and has threatened legal action if the first session of Parliament continues. The Chief Justice of the Supreme Court announced today that the first session of Parliament will be held on Friday morning.
First, members of Parliament are sworn in, followed by the election of the Speaker, Deputy Speaker and President.
The NCOP meeting will be held on Saturday.
“So at this stage there is no court order prohibiting the first sitting. The fact that Umkhonto weSizwe is contesting the election results does not mean that the first sitting of Parliament cannot be held. Remember, in the constitution the first sitting of Parliament must be held within 14 days of the announcement of the results. And the results were officially announced on 2 June 2024. And the first sitting must be held within 14 days from that date,” Nebondwe said.
Meanwhile, the Congress said it had cancelled all flights and accommodation arrangements for MK party lawmakers after the party informed Parliament that it would not be attending the first session.
Parliamentary spokesman Moloto Motapo said he was mindful of MK's intention to challenge the legitimacy of the election results.
MK also stated that it therefore considered the first parliament unconstitutional and instructed the 58 elected members of parliament to boycott the first parliament.
Motapo said following this official report to Parliament, he had decided to make some cost-cutting decisions.
“As the first meetings of the National Assembly and National Provincial Assembly will be held in person, Parliamentary Secretariat is arranging travel and accommodation expenses for all MPs on the IEC list taken over from the Chief Justice to attend these meetings and the associated on-boarding activities planned in Cape Town. Following the MK party's announcement through its legal representatives of its decision not to attend the first meetings, Parliament has cancelled all accommodation and flight arrangements for the party's elected MPs. This measure is to avoid unnecessary and wasteful expenditure,” Motapo says.
