No-confidence motion: ATM to challenge open ballot decision

The African Transformation Movement (ATM) is seeking to interdict an open ballot vote regarding it’s motion of no confidence against President Cyril Ramaphosa.

The ATM has rejected National Assembly Speaker Nosiviwe Mapisa-Nqakula’s decision to not to allow a secret ballot when voting takes place later this month.

The party has confirmed that it will approach the Western Cape High Court.

“[Yes], it’s true our lawyers are busy with the papers. A statement will be issued soon,” ATM spokesperson Sibusiso Mncwabe told The Citizen on Thursday afternoon.

The court action comes after Mapisa-Nqakula set a date for the debate and voting process of the motion earlier in the day.

We will not participate in a shameful exercise of an open ballot in the motion of confidence. The Speaker is effectively in contempt of court as the SCA had ruled on the matter. Open ballot will never give MPs the protection they need to hold the Executive accountable.

— Vuyo Zungula MP 🇿🇦 (@ZungulaVuyo) March 10, 2022

During the National Assembly Programming Committee meeting, Mapisa-Nqakula told MPs the voting process would take place via an open ballot on 30 March.

Despite concerns raised by the opposition, the Speaker said it would be in the “interest of transparency and democracy” to hold an open ballot, adding that MPs were allowed to make formal submissions or take the matter on review if they disagreed with her decision.

“I did say I am ruling on the matter, but when issues were raised I said it’s okay… parties are free to make formal submission to the office of the speaker. Allow me to rule that those of you who have reservations about my ruling will make formal submissions,” she said.

ALSO READ: MPs argue over open ballot as dates for no confidence motions against Ramaphosa, Cabinet set

ANC chief whip Pemmy Majodina supported Mapisa-Nqakula’s decision.

“We second your ruling that voting be open, where chief whips will vote on behalf of their members,” she said.

Meanwhile, the Democratic Alliance’s (DA‘s) vote of no confidence will also take place on 30 March.

DA leader John Steenhuisen lodged the motion of no-confidence against Ramaphosa’s entire Cabinet last month.

Legal battle

Last month, Mapisa-Nqakula rejected the ATM’s request to hold a secret ballot regarding its motion of no confidence against Ramaphosa.

The ATM had resubmitted their motion of no confidence application to parliament following a ruling delivered by the Supreme Court of Appeal (SCA) in December 2021.

The party had been granted leave to appeal the Western Cape High Court’s judgment in the SCA.

The High Court previously ruled in favour of former National Assembly Speaker Thandi Modise, who decided not to grant the ATM’s request to hold the no-confidence motion by way of a secret ballot.

READ MORE: Open ballot for Ramaphosa no-confidence vote ‘defies logic’, says ATM president

The ATM, which only has two seats in Parliament, then sought to have Modise’s decision reviewed and set aside.

However, the SCA found that Modise misunderstood her discretion on the secret ballot.

In its judgment, the appellate court ordered that the ATM’s request be resubmitted to the new Speaker of the National Assembly for reconsideration.

The motion targeted Ramaphosa’s leadership in February 2020 over the sealing of his bank statements related to his 2017 campaign for the ANC presidency, among other things.