Last week, I wrote about some of the legal and political aspects of SA's election impasse that were not being considered. I got some really interesting responses, many from legal practitioners much more familiar with constitutional law than I am, and I would like to pass them on.
One of the issues I raised was Section 46(1) of the Constitution, which says: "The National Assembly consists of no fewer than 350 and no more than 400 women and men elected as members in terms of an electoral system..."
As if by clockwork, the MK party released a statement on Monday morning saying it intended to interdict the convening of the inaugural session of Parliament.
In its statement, it says, "Legally, the absence of MK party members will prevent achieving the composition of the 350 members required to lawfully constitute the National Assembly, further invalidating the session which aims to appoint a President and therefore the government of the country."
In response, the chief legal adviser for Parliament, Adv Zuraya Adhikarie, said she did not agree with MK's interpretation and that she was of the view that "the Secretary to Parliament is legally bound to facilitate the first sitting of Parliament at a date and time to be determined by the Chief Justice. Accordingly, unless and until the results of the election are set aside by a court under S49(3) of the Constitution, Parliament must ensure that the sittings take place as directed."
So, who is right here? Legal...