n Tydskrif vir die Suid-Afrikaanse Reg - The new parliamentary rule on motions of no confidence : an exercise of legislative incompetence or judicial mockery? : aantekeninge
|Article Title||The new parliamentary rule on motions of no confidence : an exercise of legislative incompetence or judicial mockery? : aantekeninge|
|© Publisher:||Juta Law Publishing|
|Journal||Tydskrif vir die Suid-Afrikaanse Reg|
|Affiliations||1 University of Johannesburg|
|Publication Date||Jan 2015|
|Pages||395 - 404|
ISI Social Science
In Mazibuko v Sisulu (2013 6 SA 249 (CC) - see Venter "Motions of no confidence: parliament's executive check and checkmate" 2014 TSAR 407-418) the constitutional court ordered parliament to amend its rules to give effect to an individual member's power to move a motion of no confidence in the national executive in terms of section 102 of the Constitution of the Republic of South Africa, 1996, and to have such a motion scheduled, debated and voted on in parliament. The court ordered that parliament had six months in which it had to amend the rules in order to adequately provide for motions of no confidence since the existing rules and procedures of parliament did not adequately regulate the matter. The resulting rule is quite disappointing, however, and falls far short of the type of recognition that motions of no confidence deserve.This note gives a brief overview of the Mazibuko judgment, analyses the newly created parliamentary rule on motions of no confidence and considers the extent to which it gives effect (or in this case does not give effect) to the court's ruling in the Mazibuko case. The note also reflects on similar rules in other jurisdictions and how these rules could have been utilised in shaping a proper rule.
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