Speaker, hon Deputy President, I move:
That the House supports, in principle, the extension of the term of office of Justice S S Ngcobo as Chief Justice of the Republic of South Africa.
Mr Speaker, I raise an objection.
Thank you, hon member. We will note the objection of the IFP. We will then proceed to the first Order of the day.
Speaker, do I infer from what you have just said that the motion has now been passed?
Yes, the motion has been agreed to.
No, Speaker, I objected to it and, in terms of Rule 98(3) ...
Well, we will then continue as follows: I put the motion. Those in favour will say aye.
HON MEMBERS: Aye!
I think the ayes have it. [Laughter.]
Mr Speaker, may I address you?
Please do, sir.
Speaker, Rule 98(3) deals with Notices of Motion. It says:
Except with the unanimous concurrence of all the members present, no motion shall be moved on the day on which notice is given.
So, there are members objecting, which means that you do not have unanimous concurrence. The motion cannot be passed.
Thank you, hon member. I have been informed that this motion was on the Order Paper. What the Chief Whip is moving is "as amended". He has added one word. This was on the Order Paper.
Mr Speaker, with respect, it does not matter what he added. We still object.
We will note the objection.
But, Mr Speaker, the motion cannot be passed, because there is not unanimous concurrence.
Hon member, I am loathe to repeat what I have said, but the ayes have it, and the objection will be noted.
Mr Speaker, if you read Rule 98(3), it is very clear that if you don't have unanimous concurrence - which you don't have - then the motion shall not be moved. It cannot be passed because there is an objection.
Speaker, hon Van der Merwe has been a Whip for many years, if not decades, in this House. He knows that the Rule that he is quoting relates to motions without notice. This is a motion that is on the Order Paper. That Rule has no applicability whatsoever to this scenario. Thank you. [Applause.]
Mr Speaker, if you read further - and maybe the hon Deputy Minister should, once again, read the Rules, then he will understand - what it says is that they should have given notice before 12 yesterday. They did not do so. You cannot pass the motion as there is an objection. It is as simple as that. [Interjections.]
Hon member, the motion was on the Order Paper more than 12 hours ago.
With great respect, Speaker, that is not true. [Interjections.]
Hon members, I really want us to proceed. Do you want us to call for a division, hon member?
No, Speaker. [Interjections.] It is very clear that there is nothing to vote on.
I agree, but you want to call for a division where there is nothing to vote on?
No, Speaker, you don't have to call for a division, because you don't have unanimous concurrence. We object, so there is no unanimous concurrence.
Hon member, we have noted your objection. I want us to proceed. I have made a ruling and we are proceeding.
Speaker, you may proceed but, with respect, I think you are wrong.
I accept your wisdom, hon member. We are continuing. [Laughter.] [Applause.] Order, hon members!
Agreed to (Inkatha Freedom Party dissenting).