Parliament notes with concern incorrect and misleading media reports about why the Western Cape High Court yesterday postponed the application from Agang SA and two other opposition parties.
The applicants want the court to order the National Assembly (NA) to hold a secret ballot if there is voting on a motion of no confidence in the President. They also want the court to order the removal of Ms Baleka Mbete as Speaker of the NA
The reports falsely stated – and without checking the veracity - that the case was postponed because Parliament’s legal team asked for time to prepare.
This is untrue. Parliament’s legal team was ready to deal with the matter before court yesterday and will be ready to deal with this matter on the new date as determined by the court, namely, 4 August.
Parliament’s legal team opposed the applicants’ request to the court to condone their failure to give the Registrar of the High Court a required notice describing the Constitutional issues they are raising for decision.
The Western Cape High Court rejected the argument from the applicants that the rule of court requiring them to deliver such a notice did not apply. It also rejected the applicants’ alternative argument that it was in the interests of justice to dispense with the notice requirement and proceed with the case without giving interested persons and civil society a chance to participate.
According to the Court’s written reasons, read out in court on Tuesday: “The Court has a discretion in terms of Rule 16A(9) to dispense with any of the requirements of the rule if it is in the interests of justice to do so. In the circumstances of this matter it is our view that it is not in the interests of justice to dispense with any of the requirements of the rule. In the circumstances ...the matter is postponed to 4 August 2015....”
