Parliament stressed on Monday that it is legally bound to facilitate the first sitting of the National Assembly (NA) and the National Council of Provinces (NCOP) at a date and time determined by Chief Justice Raymond Zondo, noting that there are no legal impediments preventing this process.

This after the uMkhonto we Sizwe (MK) Party said it had directed its attorneys to urgently seek an interdict from the Constitutional Court to postpone the first sittings of the NA and NCOP, and to interdict the swearing in of party-nominated candidates as members of the NA until its grievances were thoroughly addressed by the courts.

The MK Party is heading to court to present evidence that the Electoral Commission of South Africa (IEC) rigged the elections to the detriment of the MK Party and other parties.

Last week, the party also indicated that its 58 elected members, who were expected to occupy seats in the NA, would boycott and not attend the first sitting.

The MK Party is protesting the scheduling of the first sitting of the NA, claiming it would not be constitutional.

“According to Section 49(3) of the Constitution, unless and until the results of the election are set aside by a court, Parliament must ensure that the sittings proceed as directed,” Parliament said.

It explained that because the first sittings of the NA and NCOP would take place physically, the Parliamentary Administration was in the process of making arrangements to provide travel and accommodation for all members listed by the IEC, as handed over by Zondo, to attend these sittings and the associated onboarding activities scheduled in Cape Town.

It added that in light of the MK Party's decision to not to attend the first sitting, Parliament has cancelled all arrangements for accommodation and flights for the party's elected members.

Parliament said that this measure was to avoid incurring “fruitless and wasteful expenditure”, in compliance with the Financial Management of Parliament and Provincial Legislatures Act, 2009.