CCT23/02A

[2002] ZACC 33

2003 (1) SA 488 (CC)

2002 (11) BCLR 1213 (CC)

The Court

4 October 2002

http://hdl.handle.net/20.500.12144/2169

Interlocutory hearing in an application for direct access to the Constitutional Court. Main judgment published as United Democratic Movement v President of the Republic of South Africa and Others (African Christian Democratic Party and Others Intervening; Institute for Democracy in South Africa and Another as Amici Curiae) (No 2) 2003 (1) SA 495 (CC) and United Democratic Movement v President of the RSA (1) 2002 (11) BCLR 1179 (CC). Reasons for interim order published as United Democratic Movement v President of the RSA and Others (African Christian Democratic Party and Others Intervening; Institute for Democracy in South Africa and Another as Amici Curiae) (No 1) 2003 (1) SA 488 (CC) ; 2002 (11) BCLR 1213 (CC). Government appeal published as President of the Republic of South Africa and Others v United Democratic Movement (African Christian Democratic Party and Others Intervening; Institute for Democracy in South Africa and Another as Amici Curiae) 2003 (1) SA 472 (CC) ; 2002 (11) BCLR 1164 (CC).

A challenge to the validity of two related sets of Acts (the First Amendment Act, Local Government Amendment Act and the Membership Act, Second Amendment Act) which amended the Constitution to permit limited floor crossing in municipal councils, and removed the existing prohibition on floor crossing in the National Assembly and the nine provincial legislatures, and which further amended the Constitution to cater for corresponding changes to the composition of the National Council of Provinces. The decision by the Court emphasised that the Court was not examining the merits of floor-crossing, but deciding whether the amendments to the Constitution complied with s. 74(3) of the Constitution. It was held that floor-crossing at the national, provincial and local government level is not inconsistent with the Constitution as such. However, the Membership Act had not been passed in a reasonable period and was declared unconstitutional. Judgment of the Court.