The High Court exercising its constitutional jurisdiction has on Friday ruled that it is well within the powers of the 11th Parliament to reinstate the business of the 10th Parliament.

The ruling was made in a case in which Yearn for Economic Sustainability (YES), Media Institute of Southern Africa (MISA) Lesotho and Kananelo Boloetse were challenging the recall of the 11th Parliament to discuss the 11th Amendment to the Constitution Bill of 2022.

The court dismissed the application and stated that the current parliament is in session, unlike the 10th parliament which was recalled after it was dissolved following a declaration of state of emergency. It emphasised that all Bills originate from the National Assembly adding that it is up to them to reinstate the business of the previous parliament, but in compliance with the Constitution.

The Court also ruled that it has jurisdiction to entertain the application. It stated that an allegation that reinstatement of the Bill endangers the Constitution, as argued by the applicants in the matter, is sufficient to engage the jurisdiction of the Constitutional Court.

The Constitution Bill of 2022 as planned by the 11th Parliament will be unconstitutional. They added that it is irregular and in violation of the Constitution and Bill of Rights. They said excluding public participation as provided for under the Bill of Rights as well as excluding the Senate from the law-making process is not proper. They suggested that all processes should be followed afresh before the Bill is turned into law.  

The respondents stated that the Parliament and the Senate have the powers to make their own rules. They indicated that the arguments by the applicants are misplaced because they ignore what section 78 and 81 of the Constitution as well as Standing Order 105 are about. They emphasized that it is correct for the Parliament to engage in a conduct which is being attacked by the applicants.