The possibility of cooperation between the Inkatha Freedom Party and the Democratic Alliance appears to have receded, for now. This follows the parties’ successful Constitutional Court challenge to the African National Congress attempt to extend the protection of five members of the KwaZulu-Natal legislature who had crossed the floor.
The five found themselves high and dry after the court last month declared legislation permitting “floor crossing” in national and provincial legislatures unconstitutional for procedural reasons, although it was valid at local government level.
The ANC-New National Party alliance had been expected to gain control of the provincial government if the crossings were ruled in order.
It is understood that at one point the IFP, which has vowed to refuse to serve in an ANC-dominated provincial cabinet, appeared to panic and approached the DA for a deal.
The IFP offered the DA two provincial cabinet seats in exchange for a guarantee of support.
DA insiders said that DA leader Tony Leon was keen, but indicated he would have to seek a mandate from the party after having taken serious flak from the rank and file for the NNP merger debacle.
A DA provincial caucus rejected the idea, though it did indicate it would provide “case-by-case” support for an IFP minority government should the party decide to end the provincial coalition with the ANC.
The DA also committed itself to supporting a vote to dissolve the provincial parliament and calling fresh elections if the IFP chose this route.
Because of the confusion following the legal challenge to the floor-crossing legislation, the court imposed a protection period for those who had shown their colours prematurely — including the five MPLs.
When that period expired, the five were replaced by their parties and are now without jobs. The ANC attempted to have the protection extended pending the passing of the necessary constitutional amendments, but the court ruled this was not permissible.
With the pressure off, the IFP appears to have returned to the status quo of uneasy co-existence with the ANC. However, provincial DA leader Roger Burrows said “initial contacts” with the IFP were still taking place.
Legislation proposed by the ANC would make the constitutional amendments retrospective, but this scheme may not survive a constitutional challenge and all parties are understood to be taking legal advice pending a decision on the way forward.
As a last resort, provincial leaders said, the IFP would call an early election.