The content on this page is not written by Polity.org.za, but is supplied by third parties. This content does not constitute news reporting by Polity.org.za.

Parliament welcomes today’s ruling by the Western Cape High Court to dismiss the application by the Democratic Alliance to order the Speaker of the National Assembly (NA), Mr Max Sisulu, to enforce the immediate scheduling of a debate on a motion of no confidence in President Jacob Zuma.
 
Judge Dennis Davis held that the Western Cape High Court did not have the authority to pronounce on the conduct of Parliament as only the Constitutional Court may pronounce whether or not Parliament has failed to fulfil a constitutional obligation.
 
Mr Sisulu had contended in his response to the urgent application that he, as Speaker, did not have the authority to dictate the scheduling of matters for debate in the NA. The court agreed with this and indicated that the Speaker does not possess any residual power which allowed him to take such an action.
 
The Speaker wishes to state once more that the constitutional right of all members to raise issues for debate is acknowledged. A motion of no confidence in the President is an important constitutional provision and it is acknowledged that there is inherent urgency when dealing with such a motion.
 
As the court indicated some weakness in our rules we welcome the guidance provided in the judgment. One of these is the absence of provisions for a deadlock-breaking mechanism in the Programme Committee. Another is the notion of reaching decisions by consensus. The court, however, highlighted that voting on whether or not issues such as the motion of no confidence be introduced for debate in the NA was not the answer.
 
 A process to review the NA rules is already underway and will be further prioritised following the observations of the court.
 
The court’s observations place great responsibility on Parliament, political parties represented in Parliament and Members of Parliament to refrain from actions which place the judiciary in the difficult position of having to make decisions for Parliament.