Politicians itching to jump ship will have to wait at least another month, after the Constitutional Court decided this week to hear arguments on the constitutionality of the new floor-crossing laws on August 6.
To forestall pre-emptive strikes by political parties against would-be defectors, the court also ordered the suspension of the laws, approved by Parliament two weeks ago.
This effectively confirms an interim order by the Cape High Court suspending the legislation.
The judges sat on Wednesday and Thursday this week to deliberate on the United Democratic Movement application for the laws to be struck down as unconstitutional.
On Wednesday the UDM withdrew its earlier call for the matter to be considered urgently. UDM senior counsel Jan Heunis argued that interim orders secured by potential floor-crossers preventing their expulsion from parties — and therefore from public office — rendered the political situation “urgent, but not that urgent”. He asked the court to postpone the hearing for no longer than was necessary to allow proper preparation and argument.
The order protects the seats of politicians in municipal councils, legislatures and the National Assembly who have already crossed the floor or have indicated their intention to do so.
Those who have defected will retain their seats in the legislature, council or parliament, but the order stipulates that there can be no change in the structure of government.
This essentially means that the African National Congress, which now has more seats in the KwaZulu-Natal legislature following the defection of five members of other parties to it, cannot take immediate control of the provincial government.
Postponing the hearing of the UDM’s application, Chief Justice Arthur Chaskalson said the matter should be heard as a matter of urgency, but sufficient time had to be given for argument and for the court to consider the issues.
The order also states that if August 6 is inadequate, the court will sit for a further two days.
On Wednesday, the judges questioned whether the defection laws had already come into effect before the UDM interdict, and if the Cape High Court could have been less intrusive by merely suspending the window period.