Simon Nare
THE MK party’s bid to derail the first sitting of Parliament has fallen flat after the Constitutional Court threw out its urgent application, ruling that Jacob Zuma’s party has not made out a case that it will suffer irreparable damage if the swearing-in of MPs goes ahead.
The apex court denied the party direct access to it and found that despite the fact that the MK party was aware of the election results announcement and the conduct of the Independent Electoral Commission between 1 and 2 June, it only launched its urgent application more than a week later on 10 June.
“The applicant has failed to show any justification for not bringing this application sooner when it was aware of the Constitutional requirement to convene the National Assembly no later than 14 days after the declaration of the election results. In the circumstances, the urgency is self-created,” read the ruling.
The third reason for dismissing the application was that the court did not have jurisdiction to hear the matter.
“The applicant has also misconstrued the relevant constitutional provisions it seeks to rely on. In addition, the applicant has not adduced facts to establish a prima facie case in respect of the relief it will seek in the main application, in order to sustain an interim interdict pending the main application,” read the ruling.
The Constitutional Court also found that the party’s “acknowledgement of its own irregular service” while persisting with the application could not be sustained. This was because the relief it sought carried adverse consequences to the other parties who had not been properly served.
“Even if the applicant met all the requirements for direct access, absent proper service, the applicant cannot be entitled to sought relief. Consequently, the application must be dismissed,” it ruled.
The MK party’s bid could now be dead in the water as the ruling cannot be appealed and the party could have shot itself on the foot as it has instructed all its 58 MPs to boycott the first sitting of the National Assembly set for Friday.
The sitting of Parliament on Friday will usher in the 7th Administration where President Cyril Ramaphosa could be re-elected to lead the country in his second term.
Even though the ANC has not won a majority it’s expected that the IFP and the DA will throw their weight behind the re-election of the embattled ANC president Cyril Ramaphosa in line with the ANC’s proposal to form government of national unity.
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