DEMOCRATIC Alliance parliamentary leader Lindiwe Mazibuko asked the Constitutional Court on Thursday to direct Speaker Max Sisulu to take steps to ensure that every member of Parliament had a right to move a motion of no confidence.
Ms Mazibuko initially brought the application in the Western Cape in November last year seeking an order directing Mr Sisulu to take whatever steps were necessary to ensure that her motion of no confidence in President Jacob Zuma, dated November 2012, be scheduled for debate and vote in the National Assembly before November 22.
Ms Mazibuko said the application before the high court was caused by the failure of the programme committee of the National Assembly and the Speaker to schedule the motion of no confidence.
Judge Dennis Davis dismissed Ms Mazibuko’s application on November 22. In his judgment, he said that under the constitution, any MP had the right to move a motion of no confidence and said the Speaker was not vested with the power under the rules of the National Assembly to schedule a debate of a motion of no confidence. Judge Davis said the court lacked the power to direct him to do so.
In her application before the Constitutional Court, Ms Mazibuko was appealing against the finding of Judge Davis that the Speaker lacked the power to schedule a motion of no confidence in the president, for debate in the National Assembly. She applied for direct access to the Constitutional Court for a declaration that the rules of the National Assembly were inconsistent with the constitution to the extent that they did not properly vindicate MPs’ rights to have a motion of no confidence accorded appropriate priority over other Parliamentary business.
Anton Katz SC, for Ms Mazibuko, said if the National Assembly rules were inconsistent with the constitution, the Constitutional Court was obliged to declare the rules invalid.
Jan Heunis SC, for the Speaker, said the programming of motions of no confidence debates was the responsibility of the programme committee.
Mr Heunis said Mr Sisulu had informed the court on the progress achieved in the process of ensuring that motions of no confidence were appropriately provided for in the Rules of the National Assembly. Mr Sisulu informed the court last week that the rules committee of the National Assembly had failed to reach a consensus on a new rule at the meeting of March 12.
"Parliament is busy withe the rule-making function," Mr Heunis said.
The court reserved judgment.
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