EFF motion to repeal apartheid laws just political 'grandstanding' – ANC

The ANC caucus in Parliament has accused the EFF of political grandstanding in bringing before the National Assembly a motion to repeal the Riotous Assemblies Act of 1956.

"As this ANC government, we have made great strides in repealing over 2 000 apartheid laws which were found to be inconsistent with the values of our democracy and the Constitution of the Republic of South Africa. This process, which began with our country's democratic breakthrough in 1994, is ongoing," spokesperson Moloto Mothapo said.

"Also, if the EFF were not as ignorant of their parliamentary responsibilities as they clearly are, they would have tabled a private member's amendment bill in Parliament to amend the Act, instead of spending this afternoon grandstanding and scoring cheap political points."

The EFF tabled a motion in Parliament on Tuesday to have a resolution that all apartheid laws be repealed. It said the purpose of the motion was to allow a process that makes sure all the legislation passed under apartheid with the intent of realising the superiority, rule and dominance of white people over black people was removed.

The motion received 86 votes in favour, 179 votes against and 8 abstentions. The EFF then accused the ANC of failing to provide complete political freedom to South Africans following the unsuccessful bid.

Reviewing laws

Mothapo dismissed the claim and said all pieces of legislation that were in force when the new Constitution took effect remain in force unless amended or repealed if they are inconsistent with the new Constitution.

He said former president Kgalema Motlanthe was working with a high-level panel reviewing laws passed by Parliament since South Africa became a democracy.

"This is a further testimony to our unwavering commitment to intensifying the process of reviewing laws which are not in line with the Constitution and assessing the impact the laws we make have on the lives of South Africans.

"The process of repealing and amending laws is an ongoing process, not an overnight exercise, that this Parliament is continuously engaged in," he said.

Mothapo said the Riotous Assemblies Act of 1956, which EFF leader Julius Malema has been charged under, remains on the statute books as per the provision of the Constitution unless declared otherwise by the Constitutional Court or amended through a parliamentary process.

"Those who have faith and respect in the role played by the judiciary in our constitutional democracy must thus allow the court the space to adjudicate on the matter.

"It is mischievous and opportunistic of the EFF, because they are today facing a matter in court for allegedly inciting public violence and anarchy, to want this Parliament to decree at once that all laws are unconstitutional," he said.