Malema's 'got it all wrong' on MP count

Constitutional law expert Pierre de Vos says any suggestion that parliament would be collapsed by the mass resignation of MPs is a "spectacular misreading of the constitution".

In the wake of the DA's announcement on Wednesday that it would table a motion that parliament be dissolved, EFF leader Julius Malema tweeted party members to say this would not be necessary because section 46 of the constitution stated that the resignation of at least 50 MPs would have the same effect.

De Vos says in his blog Constitutionally Speaking that this is a "spectacular misreading" of the constitution, because this section only determines the size of parliament.

It states parliament should comprise no fewer than 350 MPs.

"When the constitution was negotiated there was some disagreement about the ideal size of the National Assembly.

"Some parties wanted the number of MPs to be reduced from 400 to 350 or even 300. As a classic compromise the Constitutional Assembly devised section 46(1), which allows the legislature to decide on the size of the assembly, but prescribes to the legislature that it could not reduce the size to below 350 MPs or increase the size to over 400," he said.

"When 60 MPs resign their seats the size of the assembly does not dip below 350. It remains 400. All that happens is that there will be 60 vacancies in the 400-member assembly. It will continue to do its work - although 60 opposition MPs will be missing. There will be no election," De Vos said.

The DA submitted its request to debate a motion to dissolve parliament yesterday afternoon.

UDM leader Bantu Holomisa, who mounted a Constitutional Court battle to secure Tuesday's secret National Assembly ballot, has already indicated that his party will not support the DA's latest motion.