Opinion / Columnist
Tshabangu redeployments cannot be stopped by a court application
14 Dec 2024 at 07:55hrs | Views
Should or could the court application by Welshman Ncube and 4 others have stopped or interdicted the announcement of the redeployments or reassignments of the leadership responsibilities of CCC MPs made in the National Assembly on Tuesday, 10 December 2024?
The answer is an emphatic, no. Absolutely not. No way Jose.
Firstly, it is trite that the mere filing or service of a court application is not a court decision or judgment of any kind, and thus does not and cannot stop or interdict anything.
Secondly, on the facts, the recommendations in question made by the political parties in Parliament to reassign or redeploy committee responsibilities of their MPs were approved by Parliament's Committee on Standing Rules and Orders (CSRO) last week Friday, 6 December 2024.
No other body in Parliament approves the said recommendations, but the CSRO.
In this connection, it should be noted and emphasised that political parties in Parliament do not make the decisions to reassign or redeploy their MPs to parliamentary committees; they only make recommendations that are subject to approval by the CSRO.
Thirdly, the latest CSRO redeployments or reassignments of MPs to various responsibilities in parliamentary committees were announced in the National Assembly on Tuesday, 10 December 2024.
Fourthly, the court application by Prof Ncube and 4 others was only served on Parliament [see attachment] on Tuesday, 10 December 2024 - the same day the CSRO decision was announced in the National Assembly - well after the CSRO had already made the decision to reassign or redeploy the MPs to various leadership roles in parliamentary committees on Friday, 6 December 2024.
It is of no legal moment that the court application by Prof Ncube and 4 others was served on Parliament on the same day the decision was announced in the National Assembly; namely, Tuesday, 10 December 2024.
In the circumstances, there's just no rational or legal way that a court application served on 10 December 2024 should or could have stopped or interdicted a decision made on 6 December 2024, four days after the horses had bolted!
The answer is an emphatic, no. Absolutely not. No way Jose.
Firstly, it is trite that the mere filing or service of a court application is not a court decision or judgment of any kind, and thus does not and cannot stop or interdict anything.
Secondly, on the facts, the recommendations in question made by the political parties in Parliament to reassign or redeploy committee responsibilities of their MPs were approved by Parliament's Committee on Standing Rules and Orders (CSRO) last week Friday, 6 December 2024.
No other body in Parliament approves the said recommendations, but the CSRO.
In this connection, it should be noted and emphasised that political parties in Parliament do not make the decisions to reassign or redeploy their MPs to parliamentary committees; they only make recommendations that are subject to approval by the CSRO.
Thirdly, the latest CSRO redeployments or reassignments of MPs to various responsibilities in parliamentary committees were announced in the National Assembly on Tuesday, 10 December 2024.
Fourthly, the court application by Prof Ncube and 4 others was only served on Parliament [see attachment] on Tuesday, 10 December 2024 - the same day the CSRO decision was announced in the National Assembly - well after the CSRO had already made the decision to reassign or redeploy the MPs to various leadership roles in parliamentary committees on Friday, 6 December 2024.
It is of no legal moment that the court application by Prof Ncube and 4 others was served on Parliament on the same day the decision was announced in the National Assembly; namely, Tuesday, 10 December 2024.
In the circumstances, there's just no rational or legal way that a court application served on 10 December 2024 should or could have stopped or interdicted a decision made on 6 December 2024, four days after the horses had bolted!
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