ConCourt rules against MK application to halt parliamentary sitting
Updated | By Mmangaliso Khumalo
In a judgment delivered on Wednesday night, the Constitutional Court ruled that it was not within its jurisdiction to hear the case and not in the interest of justice to grant direct access to the uMkhonto weSizwe Party (MK Party).
This after the uMkhonto weSizwe filed an urgent application at the Constitutional Court, seeking to interdict the first sitting of the National Assembly on Friday morning.
After days of threats to boycott the first sitting, the party's lawyers have filed an urgent interdict application, seeking to bar Parliament from proceeding with it.
According to the Constitution, the first sitting must take place at a time and date determined by the chief justice, but not more than 14 days after the election results have been declared.
Last week, Zondo received a list of public representatives who will be representing various political parties in the National Assembly and provincial legislatures.
During the first sitting, the chief justice will administer the swearing-in of new members of the National Assembly.
The MK Party argues that this process should be halted until it can challenge the validity of the election results as declared by the Independent Electoral Commission.
The party has already said its 58 elected members will not attend the first sitting.
The Court said that the case had an impact on all the other parties elected to parliament, and the MK Party had not properly served them.
"Even if the applicant met all the requirements for direct access, absent proper service, the applicant cannot be entitled to the relief sought. Consequently, the application must be dismissed. The application has been refused."
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