The African National Congress has lost a Constitutional Court bid to ensure the protection of five KwaZulu-Natal legislature members who defected to the party before legislation allowing national and provincial floor-crossing was declared constitutional.
Five MPLs — two each from the Inkatha Freedom Party and the Democratic Party and one from the United Democratic Movement — defected in June.
The Constitutional Court ruled on October 4 that the legislation allowing national and provincial legislators to cross the floor had procedural flaws and was therefore unconstitutional.
An amendment to the Constitution to allow defection at national and provincial levels and protect those who defected prematurely has been tabled in Parliament.
A period of protection for those who defected ended on October 22.
The IFP, DP and UDM expelled the five defectors. The IFP and DP also nominated replacements who have been sworn in as MPLs.
The ANC asked the Constitutional Court to vary its order made last month to afford further protection to the five. It based its contention on the proposed constitutional amendment that would allow national and provincial floor-crossing which, if passed, would have retrospective effect.
Justice and Constitutional Development Minister Penuell Maduna asked in a separate application that the order should be clarified to state whether the legislation was invalid with retrospective effect, or else that the court should reinstate the five pending
the passing of the constitutional amendment.
Reading a unanimous judgment, Chief Justice Arthur Chaskalson said the previous order was a final one.
”It is our unanimous conclusion that there is no ambiguity in the earlier order.”
Both the ANC and Maduna’s applications were dismissed and they were ordered to pay the costs. – Sapa