How MK no-shows will impact first sitting of Parliament

Professor Koos Malan (Public Law, University of Pretoria) joins Africa Melane.

The first post-election sitting of the National Assembly will convene for the first time at the Cape Town International Convention Centre (CTICC) on Friday (14 June).

The Constitution requires that the first sitting happens within 14 days of the announcement of the election result.

Chief Justice Raymond Zondo will oversee the first sitting.

Friday's sitting and the election of the president and presiding officers will be followed by the swearing-in of NCOP members on Saturday.

Friday's sitting will go ahead without most of the MK party's Members of Parliament.

The party claims without providing evidence, that the election results were rigged, and that it ought to have won more than 58 seats.

MK says they intend to approach the Constitutional Court to interdict Friday's sitting.

Malan says the party is completely disregarding the correct procedure.

"I think they haven't read the Constitutional provisions dealing with the question and also not properly taken notice of the provisions of the Electoral Act that deal with this matter."

- Koos Malan, Professor of Public Law - University of Pretoria 

"They're doing this completely wrong."

- Koos Malan, Professor of Public Law - University of Pretoria 

Parliament cancelled all arrangements to get 58 MK party MPs to Cape Town for the first sitting, thereby avoiding wasteful expenses, after MK indicated their intention not to attend the first sitting.

Will the 58 MK MPs still get paid, even if they do not attend the sitting to be sworn in?

"To my mind they would still get paid and then they should be sworn in a later stage... but one should also take into account that if an MP or group of MPs fail to attend a sitting of Parliament, then at some stage they are running the risk of a fine being imposed."

- Koos Malan, Professor of Public Law - University of Pretoria 

Malan says no legal or Constitutional provisions dictate how long the elected President may take to name his cabinet.

"The assumption is, the president will, immedialtley after he has been sworn in, also appoint cabinet. There's no reason for the President not to do so."

- Koos Malan, Professor of Public Law - University of Pretoria 

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