Constitutional Court dismisses MK Party application to halt first sitting of parliament

The Constitutional Court on Wednesday dismissed the application by the uMkhonto weSizwe Political Party (MK Party) to interdict the first sitting of parliament scheduled for Friday.

The court's order, given without a hearing, said the decisions at issue in the case were not matters for the Constitutional Court's exclusive jurisdiction and it was not in the interests of justice to allow the MK Party direct access to the highest court. 

“The applicant has failed to show any justification for not bringing this application sooner when it was aware of the constitutional requirement to convene the National Assembly no later than 14 days after the declaration of the election results,” said the order. The urgency of the application was therefore “self-created”, it said.

It also said that the application failed “on the merits”.

The MK Party had “misconstrued the relevant constitutional provisions it seeks to rely on”.

The MK Party had satisfied the legal requirements for an interim interdict and not brought to the court “sufficient facts” to establish a prima facie case for the “main application,” the court said.

In its application, the MK Party had asked for its interdict to remain in place pending “Part B” of its case, which included asking the court to declare that the decision of the IEC to prematurely declare the election results was a failure to fulfil a constitutional obligation to set aside the election results.

The order was concurred on by ten justices of the Constitutional Court: deputy chief justice Mandisa Maya, justices Jody Kollapen, Mbuyiseli Madlanga, Stevan Majiedt, Rammaka Mathopo, Nonkosi Mhlantla, Owen Rogers, Leona Theron and Zukisa Tshiqi and acting justice Pat Gamble. 

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