An ANC supporter holds a flag of the ANC while the President Jacob Zuma addresses ANC Gauteng Cadre Assembly in Pretoria. Picture: Phill Magakoe

The ANC plans to approach the Constitutional Court for leave to cross-appeal against a Western Cape High Court cost ruling, the office of the party's Chief Whip said on Friday.

“The attorneys for the African National Congress in Parliament... have been instructed to immediately file an application with the Constitutional Court...”

At issue is a Western Cape High Court decision not to rule on costs in a case brought by opposition parties about a proposed motion of no confidence in President Jacob Zuma.

Democratic Alliance parliamentary leader Lindiwe Mazibuko lost her bid, on behalf of eight opposition parties, to force National Assembly speaker Max Sisulu to schedule a debate on the motion before the sitting of the house closed for 2012.

Judge Dennis Davis found Mazibuko had every right to bring the motion, and to demand that a debate be urgently held.

However, a gap existed in the Parliamentary rules. This related to the absence of a “deadlock-breaking mechanism”, Davis said.

The court did not make an order on legal costs.

The office of the Chief Whip said: “The cross-appeal application seeks to compel the applicant in the case, the DA, to pay the legal expenses the ANC incurred both in the High Court application and the Concourt appeal application.” - Sapa