Floor Crossing

In the wake of South Africas transition to ground and the subsequent Constitution that was passed the question of floor-crossing came chthonian debate. The interim constitution had included an anti-defection article that caused members of the National Assembly to forfeit their puzzle if they ceased to be members of their original political party. In this way the proportionate tryst of seats that resulted from a general election would be maintained. This clause was objected to and the objections dealt with in the First Certification Judgment. Furthermore it was not for good included in the final constitution which utter that the clause was only included as a dickhead to stabilise the transition. In 2002 a number of acts were passed that had the effect of allowing, under certain(a) circumstances, members of the NA to change parties without losing their seat. Those Acts too were objected to and came to the Constitutional Court in what is known as the UDM case. I testam ent now comparability the reasoning and conclusions of those two discussions. The First Certification Judgment dealt in part with objections to the anti-defection clause on drive that it was inconsistent with the principles of the Constitution.

It was claimed that the inflexibility of the clause meant that MPs were not richy afforded their rights to freedom of chemic fakeula or. This was rejected outright by the court on the grounding that such a limit was legitimate earlier than that the limitation did not occur. One of the greatest challenges was that the administration of commerce provided for by CP VI in the form of checks and balances was c! ompromised by the anti-defection clause in that party members had no power to resist the will of their party even if the partys electoral manifesto had altered significantly. The members of the assembly would therefore no longer be antiphonary to the voters. The Court again dismissed this on grounds that the system of voting was in itself a sufficient form of accountability in that if the...If you want to get a full essay, roll it on our website: OrderCustomPaper.com

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