The DA has filed for an urgent interdict to allow the motion of no confidence against President Jacob Zuma to be debated in the National Assembly.
Parliamentary leader Lindiwe Mazibuko said the Democratic Alliance (DA) would never allow the ANC to defeat the aims of constitutional democracy.
"That is why yesterday I filed papers at the Western Cape High Court to seek an urgent interdict to compel the Speaker of the National Assembly to uphold the constitutional right of the opposition to have this motion debated."
Mazibuko was speaking at the DA's Gauteng North Regional annual general meeting in Tshwane.
She said the ANC was blocking the motion of no confidence against Zuma because it was scared that its own members would vote against him.
"The ANC parliamentary caucus is blocking it because they fear, rightly, that their own members will side with the opposition to vote against the president," she said
She said the Constitution allows for the motion to be considered in the National Assembly.
"It is indeed a sad day when a member of Parliament must seek an order of the court to compel the legislature to respect the Constitution of the Republic of South Africa, and our rights to hold the President, that we elected accountable," said Mazibuko.
A motion of no confidence in Zuma was tabled on November 8.
President above the Constitution
It was brought on the grounds "that under his leadership the justice system has been politicised and weakened; corruption has spiralled out of control; unemployment continues to increase, the economy is weakening, and, the right of access to quality education has been violated".
ANC Chief Whip Mathole Motshekga on Wednesday said there was a unanimous agreement in the party's caucus that the motion was frivolous and had nothing to do with Section 102 and 89 of the Constitution.
He said the ruling party did not support it.
Mazibuko said the ANC was putting its President above the Constitution.
On Thursday while answering questions in the National Assembly, Zuma said he felt "aggrieved" by media reports that the government had paid more than R200-million for his Nkandla home.
Mazibuko said the public was hurting too and questioned if Zuma knew that.
"How does he think the millions of people who have no work feel when their president lives in such grand splendour? How does he think the parents of children who never received textbooks… feel?" asked Mazibuko.
"How does he think the widows and children of the 34 police and security officers, and mineworkers who were gunned down in cold blood at Marikana feel?" – Sapa.. .