All that's needed on Friday when the National Assembly meets for the first time is that a Speaker and a President are elected. That's it. And so, politicians can buy some more time for details of a national unity government to emerge.
The first sitting of the National Assembly will go ahead regardless of the absence of 58 uMkhonto Wesizwe (MK) party MPs. Crucially, their boycott does not mean the 400-strong National Assembly fails to be properly constituted -- MPs are MPs because of the election results as declared by the Electoral Commission of South Africa (IEC). That's why all political parties submit lists of their representative candidates before the elections.
Section 46 of the Constitution makes it clear the National Assembly is composed of women and men "elected as members in terms of an electoral system...", not those sworn in. Similarly, Section 48 of the Constitution talks of MPs' status arising from elections even before their swearing-in: "Before members of the National Assembly begin to perform their functions in the Assembly, they must swear or affirm faithfulness to the Republic and obedience to the Constitution...".
Sworn in or not -- how to lose one's parliamentary seat
If the 58 MK MPs are not sworn in on Friday, this can still happen at a later stage, traditionally in the Speaker's office by a judge nominated by the Chief Justice.
But the clock is ticking. If the 58 MPs are absent for...