Crossing the Floor Constitutional Court Ruling

Steve Swart MP – ACDP

Wednesday 20th November 2002

African Christian Democratic Party MP and spokesperson on Justice, Steve Swart, has welcomed yesterday's further Constitutional Court ruling in the ongoing " crossing the floor" saga.

Mr Swart said " The ACDP is on record as having opposed the "crossing the floor" legislation, and actively participated in the earlier Constitutional Court challenge which resulted in the Membership Bill being declared unconstitutional. The ACDP accordingly welcomes yesterday's Constitutional Court ruling against the ANC whereby the court refused to alter its earlier order in order to protect five Provincial MP's who prematurely defected from their parties. The members had jumped the gun, and should not be afforded protection."

Mr Swart also commented on the proposed Fourth Amendment to the Constitution which seeks to allow floor-crossing on National and Provincial levels, by saying that the provisions of this amendment, and particularly the clause granting retrospective protection to 20 June 2002 appeared, on the face of it, to be unconstitutional. "It is highly undesirable that provisions with retrospective application should be contained in a constitutional amendment. This amendment will no doubt also be challenged in the Constitutional Court, which will result in further political instability, particularly in Kwa-Zulu Natal."

" A further complication arising from the proposed amendment relates to the possibility of the Kwa-Zulu Natal Provincial Legislature having to pay double parliamentary salaries depending upon the interpretation given to the amendment. Firstly, to those who prematurely crossed the floor, should the protection be retrospectively granted until June 2002, (as presently worded in the Constitutional Amendment), with "all rights and privileges", and secondly to those who replaced them and are presently earning a parliamentary salary."

Mr Swart concluded by saying that "the ACDP will be consistent in its opposition to the "crossing the floor" legislation, and will definitely be opposing the Fourth Amendment to the Constitution."




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For further comment please call Steve Swart MP at 083 285 6290 or ACDP Media Liaison Wesley Douglas at 072 461 3719 and 021 403 8601