No Confidence Motion to be heard at Constitutional Court

28 March 2013

The African National Congress in Parliament will this morning defend itself at the Constitutional Court in a Motion of No Confidence case brought by the DA against the Speaker of the National Assembly. Dr Mathole Motshekga, who is represented by Xulu Liversage Attorneys, is cited as the second respondent in this case. The Concourt hearing today follows our two consecutive victories on the matter. In November 2012 the Western Cape High Court ruled that, in terms of the doctrine of separation of powers, the judiciary cannot interfere in the internal business of Parliament. Eight Concourt judges subsequently ruled against the DA`s application to have the case urgently heard by the Concourt with a view to have the motion of no confidence urgently debated by the National Assembly.

We hold firmly to our view that this matter (disagreement amongst parties regarding programming matter) should not have been brought to Court, as in our view it is a political dispute that can be resolved by parties within Parliament. The judiciary should not be placed in an uncomfortable position of interfering in internal affairs of an independent arm of the state or of babysitting Parliament. This view will form part of our heads of arguments in court this morning.

Issued by the Office of the Chief Whip of the ANC

Enquiries: Moloto Mothapo 082 370 6930