Floor Crossing

In the wake of South Africas transition to farming and the subsequent Constitution that was passed the question of floor-crossing came under(a) debate. The interim subject had included an anti-defection article that caused members of the National Assembly to forfeit their set up if they ceased to be members of their original political party. In this way the comparative 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 express that the clause was only included as a dick 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 volition now c omparing the reasoning and conclusions of those two discussions. The First Certification Judgment dealt in part with objections to the anti-defection clause on cause that it was inconsistent with the principles of the Constitution.

It was claimed that the rigidity of the clause meant that MPs were not skillfuly afforded their rights to freedom of chemic contour lineula 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 occupation provided for by CP VI i n the form of checks and balances was compro! mised 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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