7 October 2002
The Minister for Justice and Constitutional Development, Dr Penuell Maduna, has decided to submit proposals to Cabinet aimed at amending the Constitution in order to allow members of the National Parliament and Provincial Legislatures to "cross the floor"" whilst retaining their seats.
The Minister's decision follows on the Constitutional court judgment on 04 October 2002, that floor crossing by members of Parliament and the Provincial legislature could not be permitted through an ordinary Act of Parliament and that this objective could only be achieved by amending the Constitution.
The Government believes that the amendment is necessary since those members who have expressed their intention to cross in terms of legislation passed by Parliament and subsequently signed into law by the President at the time.
The Department's law drafters will begin working on the amendments required to make this possible.
Issued by: Ministry for Justice and Constitutional Development