Legislation allowing MPs, MPLs and councillors to cross the floor without losing their seats infringed upon the legal and moral rights of the people, the Constitutional Court heard on Tuesday.
”It has everything to do with the preferences of politicians as opposed to the preferences of the voters,” argued Jan Heunis, senior counsel for the United Democratic Movement.
The UDM, along with the Inkatha Freedom Party, KwaZulu-Natal premier Lionel Mtshali, and the Pan Africanist Congress are contesting the constitutionality of the legislation.
”The court’s duty is to protect the voice and the choice of the electorate,” Heunis said.
He said the legislation was a scheme designed to achieve a doubtful objective. It was motivated only by the split in the Democratic Alliance.
”It is a cynical, unprincipled, and gluttonous attempt to capitalise on the split in the DA for short-term gain only.”
The legislation had no legitimate government purpose but only the self-serving objectives of the governing party which stood to benefit most, Heunis said.
”You cannot change the rules of the game in the middle of the game.”
Heunis contended the legislation was unconstitutional in a number of respects. These included the fact that it defeated the system of proportional representation mandated by the Constitution.
The UDM first took the matter to the Cape High Court in June at the time the law was supposed to become effective.
That court suspended the legislation pending a Constitutional Court ruling on its validity.
The Constitutional Court last month set aside the order, but has postponed the implementation of the defection legislation until it deliberates on the issue.
The hearing continues. – Sapa