The long-awaited judgement of the Constitutional Court on whether South Africa’s MPs, MPLs and local councillors will be able to defect to another party without losing their seats will be handed down at 10am on Friday.
This was confirmed by the Registrar of the Constitutional Court in Johannesburg on Wednesday.
UDM leader Bantu Holomisa, whose party was the first to challenge the constitutionality of legislation allowing for floor-crossing, said he was optimistic.
”Legally there’s a fifty-fifty chance, but morally we’ve won from the day we decided to challenge the legislation. We hope the judgement will be in our favour.”
The UDM, the Inkatha Freedom Party, the African Christian Democratic Party and the Pan Africanist Congress, as well as KwaZulu-Natal premier Lionel Mtshali, asked the court in August to find the floor-crossing legislation unconstitutional.
The Constitutional Court at the time also issued an order suspending the legislation until it passed judgement.
Earlier, the UDM stymied planned floor crossing when it gained a Cape High Court order suspending the legislation until the Constitutional Court could rule on the matter.
Asked what would happen if the Constitutional Court ruled in favour of floor-crossing, a government official said: ”The government will move speedily to create a window of opportunity for defections, to allow people to settle where they want.”
PAC Chief Whip Patricia de Lille said in reaction that she had put her faith in the judiciary to interpret the Constitution, rather than in the government’s interpretation.
”We’re all equal before the law and the judiciary will show the way.”
New National Party Whip Dirk Bakker said his party was looking forward to Friday’s judgement.
It was an extremely important judgement, as it would be the first time the Constitutional Court had to rule on a constitutional amendment in terms of the new Constitution.
”For that reason it is important that it must be a good ruling, and we are convinced that it will be based on sound legal principles.
”We are looking forward to finalising this matter so that the political climate can once again be stabilised and normalised, Bakker said. – Sapa