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The attorneys for the ANC in Parliament, Xulu Livesage Attorneys, have
been instructed to immediately file an application with the
Constitutional Court for leave to cross-appeal the Western Cape High
Court judgement not to order costs in the motion of no confidence case.
The judgement by Judge Dennis Davis dismissed the application by the DA
to force Parliament to urgently schedule a no confidence motion debate,
but did not make an order regarding legal costs incurred by the
respondents.

In terms of our application, the cross-appeal should be heard at the
hearing scheduled in the Constitutional Court on 28 March 2013. The
cross-appeal application seeks to compel the applicant in the case, the
DA, to pay the legal expenses the ANC incurred both in the High Court
application and the Concourt appeal application.

As we have argued in our High Court and Concourt affidavits, the
application by the DA and other parties is vexatious and unnecessary as
the matter under contention could simply have been resolved by parties
within Parliament without involvement of the courts. The process for the
review of rules by the National Assembly Rules Sub-committee is
currently underway to re-examine rules, including addressing the lacuna
pertaining to the motions of no confidence. This process further makes
the DA’s case pointless and a waste of time.