Call for secret ballot when Parliament votes on Phala Phala report

All eyes are on next week’s debate in Parliament where MPs are expected to vote on the Phala Phala report.

The Section 89 panel, led by retired Chief Justice Sandile Ngcobo, on Wednesday night released its report into the theft of $580 000 at President Ramaphosa’s Phala Phala game farm in Limpopo.

The report concluded that Ramaphosa may have committed serious violations of the Constitution and anti-corruption laws.

Debate

With the panel now having found that the president has a prima facie case to answer, Parliament will consider and deliberate on the Phala Phala report on Tuesday, 6 December.

The procedural aspects of the debate was discussed during the National Assembly’s Programme Committee meeting on Thursday.

During the virtual meeting, secretary to the National Assembly, Masibulele Xaso told MPs that it was up to the Programme Committee to decide whether to debate or just make declaration of vote on the report.

Xaso also explained how Parliament will proceed if the National Assembly adopts the resolution that Ramaphosa should face a Section 89 Inquiry.

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“If the House agrees that there is a basis for that recommendation of the panel, the rules then take the process to the next step and the next step is the impeachment committee. What will happen after the debate [is that] a question will be put [on whether to agreed with] the recommendations,” he said.

He further indicated that all parties would need to be represented on the impeachment committee.

“It’s not like establishing an ad hoc committee where you will now need another motion establishing the impeachment committee. The rules say there is an impeachment committee so it’s already in place. It’s just a question of nominating names and the Speaker [must] make a determination in terms of the membership of that committee.”

Rule 97 of the National Assembly, states that “all questions before the Assembly are decided by a majority of the votes cast”.

Secret ballot

The African Transformation Movement (ATM), which filed the Section 89 motion, proposed a secret ballot vote system.

“We want as a party, when the report is considered, [the voting] be done via a means of a secret ballot.

“You’ll recall that in the previous Constitutional Court judgment the issue of the secret ballot was stressed and given the gravity of the report and how scathing it is on a sitting president, it will be prudent that members of Parliament are protected from being dictated by their parties as to how to [vote].

“The current method is basically 14 people voting on behalf of 400 people,” ATM president Vuyo Zungula told the committee.

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Earlier in the year, National Assembly, Speaker Nosiviwe Mapisa-Nqakula rejected the ATM’s request for a secret ballot vote when the party tabled a motion of no confidence against Ramaphosa.

Furthermore, the Democratic Alliance (DA) has written to National Assembly, Speaker Nosiviwe Mapisa-Nqakula requesting a manual voting procedure after the debate, during next week’s consideration of the Phala Phala report.

A manual voting system may be utilised when no electronic voting system is in operation, according to Rule 104 of the National Assembly.

A majority of 201 votes is needed when voting takes place in the National Assembly on Tuesday.

Investigations

Meanwhile, Ramaphosa is also currently facing other investigations regarding Phala Phala. 

Hawks head Godfrey Lebeya this week revealed that the investigating unit has processed at least 68 affidavits at this stage.

Lebeya said investigations were continuing, but they are not “reporting blow by blow” on the matter.

The Public Protector’s office is investigating whether Ramaphosa violated the Executive Members’ Ethics Code by not reporting the February 2020 theft to the police.

The South African Reserve Bank (Sarb) has been looking into the matter as well since foreign currency was found at the president’s farm.

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