Legal Intrerpretation

CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 23/02 UNITED DEMOCRATIC MOVEMENT versus THE PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA THE MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT THE MINISTER FOR PROVINCIAL AND LOCAL GOVERNMENT AFRICAN CHRISTIAN DEMOCRATIC PARTY AFRICAN NATIONAL CONGRESS INKATHA FREEDOM PARTY PAN AFRICANIST CONGRESS OF AZANIA PREMIER OF THE PROVINCE OF KWAZULU-NATAL SOUTH AFRICAN LOCAL GOVERNMENT ASSOCIATION INSTITUTE FOR DEMOCRACY IN SOUTH AFRICA RESEARCH UNIT FOR LEGAL AND CONSTITUTIONAL INTERPRETATION Heard on : 6-8 August 2002 4 October 2002 JUDGMENT First Respondent Second Respondent Third Respondent First Intervening Party Second Intervening Party Third Intervening Party Fourth Intervening Party Fifth Intervening Party Sixth Intervening Party First Amicus Curiae Second Amicus Curiae Applicant

Decided on :

THE COURT THE COURT: Background 1 In June 1999, the Democratic Party (“the DP”), the Federal Alliance (“the FA”)

and the New National Party (“the NNP”) contested the national and provincial elections as separate parties. A month later, these parties formed a new party – the Democratic Alliance (“the DA”). Because members of Parliament and the provincial legislatures were unable to change parties without losing their seats,1 DP, FA and NNP representatives continued to represent their original parties in Parliament and the provincial legislatures, though they operated in an alliance. In October 2000, municipal (local government) elections were held. The DP, FA and NNP did not participate in these elections – instead the DA contested the elections as a single party.

1

In terms of item 23 of Schedule 2 of the interim Constitution as amended and kept in force by item 6(3) of Schedule 6 of the Constitution. These provisions are referred to in more detail below paras 41-42.

2

THE COURT 2 In November 2001, a political realignment took place and the NNP withdrew from

the DA, leaving the control of the DA predominantly in the hands...