Barry Streek
Safety and Security Minister Steve Tshwete this week restated the African National Congress’s grim determination to drive through a law allowing public representatives to cross the floor at all three levels of government, even if Parliament has to be recalled to consider the legislation.
Tshwete’s statement seems to scotch rumours that, having succeeded in splitting the Democratic Alliance, and facing some resistance from its allies and MPs, the ANC is drawing back from the floor-crossing legislation and hanging the New National Party out to dry.
There is some speculation that the ANC believes it can win an overall majority in the Western Cape government and Unicity at the next elections, without NNP help.
Government spokesperson Joel Netshitenzhe also revealed that the ANC does not believe a constitutional amendment is needed to change the anti-defection clause at national and provincial level. It would be a matter of ordinary legislation, as “the Constitution leaves it open”.
It has been assumed that the clause can be scrapped by ordinary legislation only at local government level.
Tshwete, who has been central to negotiations between the ANC and NNP, said he was determined to finalise the legislation this year to facilitate the “working agreement” between the parties, particularly at local level.
If the changes to the defection clauses are delayed until next year, it will place NNP-supporting councillors who were elected last year on Democratic Alliance tickets in an impossible position.
However, the constitutional requirement of proportionality at local government level is delaying the finalisation of law. Nor is there agreement about whether the anti-defection clauses will be lifted only for a two-week period, the so-called “window of opportunity”, or whether they will be scrapped altogether. Tshwete would not be drawn on the issue.
There is cross-party support for the scrapping of the anti-defection clauses. Both the DA/DP and the NNP have called for their complete abolition.
Although none of its MPs or ministers would go on the record, there appears to be growing support for the abolition of the anti-defection clauses in the ANC. One senior ANC MP asked: “Why doesn’t the media praise us when we take such a democratic step?”
Netshitenzhe said the Cabinet had not considered the proposed legislation to allow public representatives to change parties at its meeting this week.
Although Parliament is due to rise on Friday November 16, the full Cabinet is only scheduled to meet again on November 21 when legislation and, if necessary, constitutional amendments can be considered. Only then would the proposed legislation go to Parliament.
The question of recalling Parliament was not discussed in Cabinet, but was “quite possible”, Netshitenzhe said.