Constitutional court leaves ball in the speaker’s court on #secretballot

The Constitutional Court has ruled that a decision on whether a secret ballot can be used in the proposed motion of no confidence against President Jacob Zuma lies with the National Assembly Speaker, Baleka Mbete.

Delivering the much-awaited judgement in the case that was brought by the UDM and supported by several political parties, Chief Justice Mogoeng Mogoeng said Mbete must decide on a secret ballot in the interest of all South Africans as there is no legal basis for the court to make an order on the matter.

Mbete had postponed the motion of no confidence which was scheduled for 18 April, following Zuma’s controversial cabinet reshuffle. The postponement was a result of the pending the outcome of the court’s judgement.

Before heading to the court with this application, the UDM approached the Speaker to ask that the motion be voted in secret but Mbete responded by saying neither the Constitution nor the rules of the National Assembly allow her to authorise a vote by secret ballot. Mogoeng pointed out that the Speaker was mistaken.

“Our interpretation of the relevant Constitution and rules make it clear that the Speaker does have the power to authorise a vote by a secret ballot in a motion of no-confidence proceedings against the President, in appropriate circumstances,” Mogoeng said.

He added that there must always be a proper and rational basis for whatever choice the Speaker makes in the exercise of the Constitutional power to determine the voting procedure. Legal costs of the UDM and other political parties will be paid by the Speaker and the Presidency, who were respondents in the matter.

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