National Assembly Speaker Baleka Mbete has rejected the Democratic Alliance’s bid to reverse its loss of five seats in the House during the 15-day floor-crossing period.
”The DA has noted the response received from the speaker this afternoon, declining the DA’s request to swear in five new members,” DA chief whip Douglas Gibson said on Friday.
The DA contends the five MPs who left the party on Thursday night are now ”beached whales” because the defection law requires that not less than 10% of a party’s MPs must defect before even one may do so.
The five MPs were 9,615% of the caucus — less than the 10% threshold required to legally cross the floor, the DA argued.
”The DA believes that the speaker’s interpretation of Item 2(1) of Schedule 6A — that ‘the 10% threshold should be calculated at the period immediately prior to the commencement of the window period’ — is incorrect.
”We believe that the five have lost their seats. The DA has decided to take the matter up on review.
”The DA will announce further steps in this regard once we have had a chance to consult our legal advisers,” Gibson said in a statement.
Earlier on Friday, Gibson wrote a letter to Mbete, asking her to swear in five new DA MPs to replace those who had left the party.
In the letter, delivered to Mbete on Friday morning, Gibson also threatened court action should the party’s bid fail.
Just hours before the window closed at midnight on Thursday, four DA MPs crossed the floor to the African National Congress, while a fifth DA MP defected to form his own party.
After the earlier defection of two MPs to the DA, one each from the Inkatha Freedom Party and the United Democratic Movement, the DA had 52 MPs on Thursday — up from the 50 it had at the start of the floor-crossing window two weeks ago.
”We write this letter to you in order to ascertain when our five new MPs can be sworn in.
”In the interests of the country, Parliament and our party, we believe that it is imperative that the uncertainty surrounding the floor-crossing period cease as soon as possible.
”We respectfully suggest that our five new members be sworn in at 10am on Monday September 19 2005.”
Gibson asked Mbete to confirm before close of business on Friday that the new MPs would be sworn in at the suggested time, or ”that you will not comply with our request, as set out above”.
”We place on record that we regard this matter as one of urgency, in the national interest, and that failure to respond will be deemed to be a refusal of our request.
”In the event that you refuse to answer this letter, alternatively refuse our request to have our new members sworn in, we shall have no choice but to approach the high court for appropriate relief,” Gibson wrote. — Sapa