'A comedy of errors' : parliament's conduct in relation to the tabling of a motion of no confidence in the President : case notes

• Author: George Devenish
• DOI: 10.10520/EJC197694
• Published date: 01 January 2015
• Date: 01 January 2015
• Pages: 290-301

‘A comedy of errors’: Parliament’s conduct

in relation to the tabling of a motion of no-

confidence in the President

Mazibuko v Sisulu 2013 6 SA 249; 2013 11 BCLR 1297 (CC)

Abstract

The Constitutional Court in the case of Mazibuko v Sisulu had to examine Parliament’s

conduct in relation to the tabling of the motion of no-confidence in the President. This case

note examines the respective merits of and comments on both the majority and minority

judgments of the Court. Although the minority judgment is a dissenting one, in a sense, as

will explained, it can be perceived as complementary to the main judgm ent, as well as

raising certain interesting issues, for instance, the separation of powers and constitutional

conventions.

1 Introduction

This case note examines the respective merits of and comments on both the

majority and minority judgments of the Constitutional Court in the case of

Mazibuko v Sisulu. Although the minority judgment is a dissenting one, in a

1

sense, as will explained, it can be perceived as complementary to the main

judgment, as well as raising certain interesting issues, such as the separation of

powers and constitutional conventions.

In general, a vote or motion of no-confidence or censure is ‘a vote on a

motion put by the Opposition censuring an aspect of the Government’s policy. If

the motion is carried the Government is obliged to resign.’ Therefore a vote of no-

confidence is a vote in which members of a group are asked to indicate that they

do not support the person or group in power, and which declares that a person in

a superior position is no longer deemed fit to hold that position.2

2013 6 SA 249; 2013 11 BCLR 1297 (CC).

1

‘Vote of no confidence’ (s.d.) in Collins English Dictionary available at http://collinsdictionary

2

.com/dictionary/english/vote-of-no-confidence (accessed 2014-06-08). The explanation reads further

‘A vote of no-confidence is a vote in which members of a group are asked to indicate that they do