Proposals to change the Constitution and allow MPs and MPLs to ”cross the floor” while retaining their seats, will be submitted to Cabinet, Justice and Constitutional Affairs Minister Penuell Maduna announced on Monday.
In a statement issued on the eve of the opening of a 15-day window period for floor-crossing by local government councillors, he said his law drafters would ”begin working on the amendments required to make this possible”.
On Friday last week, the Constitutional Court ruled that floor-crossing was constitutional, but said there was a procedural flaw in legislation relating to defections by MPs and MPLs that prevented them from defecting.
It said only defections by municipal councillors could take place, during a 15-day window period from Tuesday.
Monday’s ministry statement acknowledged the Constitutional Court ruling.
”The minister’s decision follows on the… judgment… that floor crossing by members of Parliament and the provincial legislatures could not be permitted through an ordinary act of Parliament, and that this objective could only be achieved by amending the Constitution.
”The government believes that the amendment is necessary since those members who have expressed their intention to cross, should be protected.
”They have signalled their intention to cross in terms of legislation passed by Parliament and subsequently signed into law by the President (Thabo Mbeki) at the time,” it said.
It was not immediately clear when the proposals would be submitted to Cabinet. – Sapa