MKP’s interpretation of Section 46 is incorrect – Parliament

All flights and accommodation for party have been cancelled to prevent wasting money since party is boycotting first sitting

Statement on the MK Party’s challenge to election results and boycott of first sitting

10 June 2024

Parliament has taken note of the letter from the MK Party informing the institution of its intention to challenge the validity of the election results as declared by the Independent Electoral Commission (IEC). The party has also indicated that its 58 elected Members, who are expected to occupy seats in the National Assembly, will boycott and not attend the first sitting. The MK Party is protesting the scheduling of the first sitting of the National Assembly, claiming it would not be constitutional.

Parliament does not agree with MK Party’s interpretation of Section 46 of the Constitution. Parliament is of the view that it is legally bound to facilitate the first sitting of the National Assembly and the National Council of Provinces at a date and time determined by the Chief Justice, and there are no legal impediments preventing this process.

According to section 49(3) of the Constitution, unless and until the results of the election are set aside by a court, Parliament must ensure that the sittings proceed as directed. Because the first sittings of the National Assembly and the National Council of Provinces will take place physically, the Parliamentary Administration is in the process of making arrangements to provide travel and accommodation for all members listed by the IEC, as handed over by the Chief Justice, to attend these sittings and the associated onboarding activities scheduled in Cape Town.

In light of the MK Party's expressed decision, through their legal representatives, not to attend the first sitting, Parliament has cancelled all arrangements for accommodation and flights for the party's elected members. This measure is to avoid incurring fruitless and wasteful expenditure, in compliance with the Financial Management of Parliament and Provincial Legislatures Act, 2009.

Parliament reaffirms its commitment to carrying out its responsibilities under the Constitution in the scheduling of the first sittings of the National Assembly and the National Council of Provinces. We remain dedicated to ensuring that the established democratic processes and procedures are upheld in accordance with the laws and Constitution of our country.

Issued by Moloto Mothapo, Media Officer, Parliament, 10 June 2024