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• In addition, the Chief Whip sought leave to cross-appeal against the two findings in the reasoning of the High Court. There is no justification for granting the Chief Whip leave to cross-appeal on this basis. An appeal of that kind is incompetent in law. The Chief Whip does not impugn the dismissal order of the High Court.

Although it was granted for reasons different to those he advanced before the High Court, the Chief Whip supports the order. Thus, his cross-appeal is not directed at reversing or changing the order of the High Court but at altering or discrediting a part of its reasoning without targeting or seeking to reverse its order. • The cross-appeal has no merit and must be refused. Order • The following order is made: 1. The applicant’s application for leave to appeal is granted. The appeal is dismissed.

The applicant’s application for direct access is granted. It is declared that Chapter 12 of the Rules of the National Assembly is inconsistent with section 102(2) of the Constitution to the extent that it does not provide for a political party represented in, or a member of, the National Assembly to enforce the right to exercise the power to have a motion of no confidence in the President scheduled for a debate and voted upon in the National Assembly within a reasonable time, or at all. The declaration of constitutional invalidity in paragraph 4 above is suspended for a period of six months, to allow the National Assembly to correct the defect. The first respondent’s application for leave to cross-appeal on costs is granted and the cross-appeal is upheld.

The applicant is directed to pay the costs of the first respondent in the High Court, and in this Court only in relation to the applicant’s dismissed appeal. The second respondent’s application for leave to cross-appeal is granted only in respect of costs, but the appeal is dismissed. Save for paragraph 7 above, no order as to costs is made. JAFTA J (Mogoeng CJ, Mhlantla AJ and Zondo J concurring): Introduction • Political issues must be resolved at a political level.

Our courts should not be drawn into political disputes, the resolution of which falls appropriately within the domain of other fora established in terms of the Constitution. A timely warning was issued in this case by Davis J in a judgment delivered by the High Court.