Chief justice Raymond Zondo has declared June 14 as the date of the first sitting of the National Assembly and June 15 the first sitting of the National Council of Provinces (NCOP).
The date puts pressure on political parties to reach an agreement on the appointment of the speaker of the National Assembly. It is a position the DA has expressed interest in holding, and the party will be meeting with the ANC this week to discuss how the two could work together.
In terms of the constitution, the first sitting of the National Assembly must take place at a time and on a date determined by Zondo but not more than 14 days after the election results were declared. It will be held in the Cape Town Convention Centre at 10am on Friday.
In a statement on Monday, Zondo said that during the first sitting of parliament he would administer the prescribed oath for members of the National Assembly. It is an oath or affirmation of faithfulness to the republic and obedience to the constitution.
Thereafter, the chief justice will preside over the election of the speaker of the National Assembly. Once the speaker has been elected, he or she will preside over the election of the deputy speaker.
Zondo will preside over the election of the president.
The sitting of the National Assembly follows the handover by the Electoral Commission of SA (IEC) of the political party lists of designated MPs and members of provincial legislatures (MPLs) to Zondo, who handed it over to the secretary of parliament.
Zondo will also swear in and administer the prescribed affirmation to members of the NCOP and thereafter preside over the election of the chair of the NCOP. Thereafter, the chair will preside over the election of the deputy chair of the NCOP.
“The chief justice has designated judges-president in the provinces to determine the first sittings of the provincial legislatures in their respective provinces. In terms of the constitution such sittings are also required to take place not more than 14 days after the declaration of election results.
“The judges-president will administer the prescribed oath or affirmation to members of the provincial legislatures, preside over the election of the speaker of the legislature and the election of the premier.”
Parliament has not agreed to the request by Jacob Zuma’s uMkhonto weSizwe (MK) for the first sitting of the National Assembly to be delayed pending its court challenge to the election results. The party claims the first sitting will be unconstitutional.
“Parliament does not agree with MK party’s interpretation of section 46 of the constitution. Parliament is of the view that it is legally bound to facilitate the first sitting of the National Assembly and the National Council of Provinces at a date and time determined by the chief justice, and there are no legal impediments preventing this process” parliament said in a statement.
“According to section 49(3) of the constitution, unless and until the results of the election are set aside by a court, parliament must ensure that the sittings proceed as directed.
“In light of the MK party’s expressed decision through their legal representatives not to attend the first sitting, parliament has cancelled all arrangements for accommodation and flights for the party’s elected members. This measure is to avoid incurring fruitless and wasteful expenditure, in compliance with the Financial Management of Parliament & Provincial Legislatures Act.”
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