Phala Phala: ATM calls for secret ballot vote again as party opposes Ramaphosa’s court bid

The African Transformation Movement (ATM) is not giving up on its efforts to hold President Cyril Ramaphosa accountable over the Phala Phala scandal.

The ATM has asked National Assembly Speaker Nosiviwe Mapisa-Nqakula to reconsider her decision to deny the party’s request to allow a secret ballot vote in Parliament next week.

Secret ballot

On Tuesday, the National Assembly will debate and vote on the Section 89 panel report, which found the president had a case to answer on the Phala Phala farm burglary scandal, with all 400 MPs expected to be at the sitting.

The report will be voted on via a manual voting system after the Speaker accepted the DA’s request for the roll call procedure to be utilised.

In a letter written to Mapisa-Nqakula, ATM president Vuyo Zungula argued that a secret ballot will allow MPs, in particular the ANC members, to vote freely.

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Zungula gave the Speaker until Friday to respond.

The ANC’s national executive committee (NEC) this week resolved that its members in Parliament should vote against the adoption of the Section 89 panel’s report.

Despite this, some ANC MPs are expected to defy the ruling party’s orders.

“The ATM, therefore, requests the Speaker to review her position in line with the reality and polarisation that has been brought about by the ANC NEC directive and accede to a secret ballot so that the decision becomes rational, constitutional and in line with this new development,” Zungula said.

Review application

The ATM, which initially filed the Section 89 motion in Parliament, are further opposing Ramaphosa’s court application.

The president has asked the Constitutional Court (ConCourt) to review and set aside the Phala Phala report.

Mapisa-Nqakula, however, is yet to decide whether Parliament will oppose Ramaphosa’s review application.

Parliamentary legal advisor Zuraya Adhikarie told Programming Committee on Tuesday that the litigation did not prevent the National Assembly to vote on the Phala Phala report after concerns were raised that the matter may become sub judice.

READ MORE: Ramaphosa’s ConCourt bid ‘not about avoiding accountability’

Adhikarie has since advised the Speaker that Parliament should proceed with next Tuesday’s vote unless an interdict was obtained, News24 has reported.

“[The sub judice rule only] precludes the National Assembly from reflecting on the merits. This is to prevent the National Assembly from influencing or affecting the outcome of the matter that is already pending before the court,” she said in a letter to Mapisa-Nqakula.

“However, the current matter is distinguishable, as it was initiated in terms of the NA rules and was serving before it when the president launched his review application. It is, therefore, our view that NA Rule 89 does not bar the National Assembly from proceeding.”

Parliament vote

For the National Assembly to approve the panel’s report, a simple majority is needed when voting takes place at the Cape Town City Hall on Tuesday. This means 50%+1 of the 400 MPs should support adopting the Phala Phala report.

As things stand, opposition parties in Parliament have a collective 170 seats and would need 31 votes from the ANC’s 230 members to achieve the 50%+1 threshold.

If the National Assembly adopts the report, a Section 89 Committee will then be established and Ramaphosa will be subjected to impeachment proceedings.

The Section 89 Inquiry will be similar to the Section 194 Inquiry, which suspended Public Protector Busisiwe Mkhwebane is currently facing.

Meanwhile, EFF leader Julius Malema said another route would be to bring a motion of no confidence in Ramaphosa if the impeachment vote fails.

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