Gaye Davis
DEPUTY President FW De Klerk’s decision to back the Western Cape wing of his party in its stand on the demarcation dispute would have ”deep consequences for relations between the African National Congress and National Party and the government and the NP,” said Deputy Minister of Provincial Affairs and Constitutional Development, Mohamed Valli Moosa on
The National Party had to decide whether it was a partner in government or a hostile opposition, ”because if they want that, we will treat them as such”, he said.
”De Klerk has in effect put his stamp of approval on what constitutes a fundamental reneging on agreements at the World Trade Centre and a departure from the spirit of the Local Government Transition Act.”
The Western Cape NP’s loading of the provincial committee so it would rubber-stamp local government MEC Peter Marais’ decision to make Khayelitsha fall under central Cape Town instead of largely white, conservative Tygerberg was previously treated by the NP’s national leadership as ”an aberrant regional position”, Moosa said. ”Now De Klerk has taken that
The Constitutional Court last Friday found that President Nelson Mandela should not have had the power to proclaim amendments to the Local Government Transition Act, nullifying Marais’ actions. The decision affects a number of other amendments to the Act necessary for local government elections going ahead on November 1, and the court suspended its ruling until October 25, saying Parliament should rectify the situation by legislating appropriately.
In the face of vehement opposition from the NP, Cabinet on Wednesday decided the necessary amendments would be dealt with in a single piece of legislation, the Local Government Transition Second Amendment Bill, at a special session of Parliament between October 9 and 12.
The NP had wanted proclamations affecting the Western Cape dealt with in a separate Bill, which would have allowed them to oppose it. The NP has now threatened to return to the Constitutional Court on the matter, which could put November 1 elections in jeopardy.
Western Cape local government MEC Peter Marais was bullish on Thursday, saying he ”couldn’t care about elections — what I care about is the Constitution”. He described De Klerk’s support for the Western Cape position as a ”moral victory”.
Pravin Gordhan, chairperson of the Constitutional Affairs committee, which will consider the new Bill, offered an olive branch: ”If the NP’s concern is a constitutional one, there’s a constructive road forward.” This would involve first passing the Bill, then referring it to the Constitutional Court for a speedy decision.
Marais would then have to reconstitute the provincial committee as it was originally comprised to decide on demarcation. If the committee and Marais failed to agree, the matter would go to a special electoral court for a decision — ”which is what should have happened in the first place”, Gordhan said.
‘The NP can take the philibustering route of trying to muster one-third of members in a petition to refer the Bill to the Constitutional Court. That’s the dilemma we are placed in: Kriel can say he doesn’t care about November 1 elections. It’s a case of a section of a political party on the basis of selfish, short-sighted interests holding the rest of the party and the country to ransom.”
The Bill will be dealt with on the basis of requiring a simple majority in the assembly and senate.
The NP will be considering its strategic options at a meeting of its federal executive on Monday, and when its extended caucus, including all MPs, senators and members of provincial legislatures, meets on Tuesday. At issue will be whether the party can afford the political cost of derailing November 1 elections in order to serve the interests of the party in the Western Cape, as well as balancing those interests.
There was speculation in political circles this week that Western Cape Premier Hernus Kriel had his eyes on De Klerk’s position and that Western Cape leader Dawie de Villiers could face a challenge at the party’s Western Cape congress on November 18 –either from Peter Marais or MEC for housing Gerald Morkel.
Though De Klerk this week denied ”choosing sides” with Kriel, antagonism within party ranks for Minister of Provincial Affairs and Constitutional Development Roelf Meyer, ”must show him that Roelf and the others can’t carry him”, a source said.
Marais said: ”We’re satisfied our national leader has seen our point and stood by us. FW took a stand — it’s a great moral victory that the national leadership has seen our standpoint.
”If my leader FW de Klerk decides there are other ways of resolving the problem, I will go along with whatever he decides.” He did not believe De Klerk would ”willy nilly” agree to anything the Western Cape NP was opposed to.