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Without Zuma's 58 MPs parliament will collapse

by Staff reporter
10 Jun 2024 at 09:17hrs | Views
Should the MK Party's (MKP) 58 MPs decide not to show up in parliament, as its leader Jacob Zuma has indicated to be a possibility after their contesting of the 2024 national elections, the National Assembly cannot be constituted.

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 the president and therefore the government of the country.

It is a separate requirement in law from the quorum required for a properly constituted National Assembly in chapter 4 of the Constitution.

The Ramaphosa government and WMC media are labouring on trying to misinform South Africans about the Parliamentary quorum.

Speaking outside the Johannesburg high court on Monday, Zuma said the party could boycott parliament as a form of protest against the results. The party has 58 seats in parliament.

"We warned them [Electoral Commission of South Africa], and they did not listen. We might reject going to parliament. We do not want to go there [parliament] incomplete because we have been robbed," Zuma claimed.

The absence of MKP MPs in parliament would leave the National Assembly in limbo and without a quorum.

Legal midges in South Africa are failing to distinguish between a Parliamentary candidate and a Member of parliament.

Chief Justice Zondo handed over a list of designated candidates and not members of parliament considering that the South African Parliament was dissolved before the 2024 elections. Currently there are no members of Parliament.

A simple definition of candidate and member has to be visited.

The meaning of CANDIDATE is one that aspires to or is nominated or qualified for an office, membership, or award. The list handed over by Zondo is for nominated persons who are supposed to take an oath of office to become members of Parliament. The difference between a member and a candidate is the oath taken by candidates. Did Zondo hand over a list of members of Parliament or a list of designated candidates?

Many legal midgets have been quoting parliamentary rules for a constituted parliament.

According to parliamentary rules for a constituted parliament, the National Assembly may proceed with its business irrespective of the number of MPs present, but may vote on a bill or decide on any question only if one third, or about 134, of MPs are present.

The Constitution also stipulates that one third of MPs must be present before a vote may be taken on an amendment to a bill.

"At least one third [about 134] of the members must be present before a vote may be taken on any other question before the assembly; and all questions before the assembly are decided by a majority of the votes cast," the Constitution reads.

The assembly cannot elect a president without MKP members. All other political parties combined have 342 MPs. The ANC has 159 seats, the DA 87 and the EFF 39.

Source - online
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