ANC in for court battles if it goes after rogue party MPs, says expert
The motion of no confidence against Jacob Zuma did not pass but an estimated 30 ANC MPs did vote in favour of it.
Many ANC members are calling for Members of Parliament (MPs) who broke rank, to be dealt with in spite of a Constitutional Court ruling that confirmed they would be protected.
The motion did not pass muster in the House on Tuesday but an estimated 30 ANC MPs did vote in favour of the motion.
Constitutional law expert Pierre Vos says there are provisions in the Constitution of various parties pertaining to discipline but there are questions about whether those are constitutionally valid.
“In the previous Constitutional Court judgment, the court said in the Ramakatsa case, that party constitutions have to be constitutionally compliant with the South African Constitution. So, one could at least make an argument that those provisions in those party constitutions are invalid and could be declared as such if taken to court.”
At the same time, the Democratic Alliance has submitted its motion to dissolve Parliament.
Under Section 50 of the Constitution, such a motion can only be brought more than three years after the last elections.
The president is compelled to dissolve Parliament if the majority of MPs vote for such a motion.
Other opposition parties say they won't be supporting the motion.