First National Assembly sitting confirmed for Friday — with or without MK party MPs

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Parliament in South Africa is preparing for the first sitting of the National Assembly on Friday, following threats from the MK party. The ANC-DA-IFP cooperation deal fell through when elements in the ANC, along with its alliance partners, Cosatu and the South African Communist Party, opposed working with the DA as it was seen as elitist and anti-transformation. The ANC, with 40.2% voting support, can't form a government by itself; it has met the DA (21.8% support), EFF (9.5%), IFP (3.9%), and others including the MK party (14.5%) and the United Democratic Movement.

The Chief Justice Raymond Zondo announced Friday, 14 June, as the day of the National Assembly's first sitting, starting at 10am. Pressure on political parties to agree on forming a government of national unity has ratcheted up, with initial indications of an ANC-DA-IFP cooperation deal falling by the wayside. The ANC, with 40.2% voting support, can't form a government by itself; it has met the DA (21.8% support), EFF (9.5%), IFP (3.9%), and others including the MK party (14.5%) and the United Democratic Movement.

Electing the President is among the first constitutional tasks of the National Assembly in its first sitting. Section 86 of the Constitution requires this. Once the President is elected and ceases to be an MP, the Constitution allows a maximum of five calendar days for the presidential inauguration. If political parties can agree on that, they may buy themselves time to resolve how a government of national unity looks. After the inauguration, it's up to the President to announce the Cabinet and the new administration's programmes and priorities. Before Ramaphosa, all presidents did so the day after being inaugurated; in 2019, Ramaphosa took four days.

The MK party wants to scupper Friday's first sitting of the National Assembly, arguing that without its 58 MPs the House can't be constituted. However, Parliament has been clear on the law and the Constitution, stating that if the 58 MK party MPs do not show up, this will not delay, disturb, or prevent the National Assembly from carrying out its constitutional duties. The MK party has misinterpreted section 46 of the Constitution, which puts the number of MPs at between 350 to 400, while legislation has confirmed the number at 400.

Crucially, Rule 45 allows the National Assembly to proceed with its business "irrespective of the number of members present." If 58 MK party MPs refuse to be sworn in on Friday, it will be a betrayal of more than 2.34 million voters who cast their ballots for the six-month-old political party led by ex-president Jacob Zuma to be in Parliament.

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