New National Party MP Charles Redcliffe, who jumped the gun and informed his party he planned to defect to the Democratic Alliance, remains an NNP member, at least for now.
Redcliffe was among the elected politicians caught off-side by announcing his premature defection, only to find that he was not protected by floor-crossing legislation because of a United Democratic Movement bid to challenge the constitutionality of the laws.
On Friday, the Constitutional Court ruled that although floor-crossing was constitutional, there was a procedural flaw in ordinary legislation passed by Parliament relating to MPs and MPLs.
As a result only defections by municipal councillors could take place, with a 15-day window period opening from October 8 for such floor-crossings to take place.
The court appeared to rule that politicians who had announced their premature defection would be protected from disciplinary action by their parties, but only until the close of the window-period on October 23.
Several parties were unable to give a definitive interpretation of the court's ruling in this respect, and said they were awaiting legal advice.
In addition to Redcliffe at national level, five KwaZulu-Natal MPLs from the Inkatha Freedom Party, UDM and DA were also caught off-side when they too made a premature announcement. The five wanted to switch allegiance to the African National Congress.
Among them were the DA's Belinda Scott and Tim Jeebodh, the UDM's Sam Nxumalo and the IFP's Mike Tarr and Maurice Mackenzie.
DA Chief Whip Douglas Gibson told Sapa his party was obtaining legal advice on the matter.
"We're not entirely sure about the correct interpretation of the judgment."
Asked what action if any would be taken against Redcliffe, NNP deputy executive director Daryl Swanepoel said his party would study the process, but until then the "status quo remains".
Until such time Redcliffe would remain a NNP MP, but not a member of the party's parliamentary caucus, Swanepoel said.
Redcliffe told Sapa he did not wish to comment at this stage. - Sapa