UDM’s secret ballot case ‘not competent’, Zuma argues

President Jacob Zuma on Thursday filed papers at the Constitutional Court opposing an application by the United Democratic Movement (UDM) to have a motion of no confidence vote in his leadership be decided by way of a secret ballot.

In his affidavit, Zuma argues that there’s no provision in the constitution that permits voting through a secret ballot in motions of no confidence in the president, reports TimesLive.

“The applicant appears to concede that the Constitution is silent on whether such a vote should be open or secret. This concession already admits that a secret vote is not inconsistent with the relevant provision of the Constitution. For that reason alone‚ the relief sought by the applicant is not competent.”

Speaker of Parliament Baleka Mbete also filed an affidavit with the superior court on Thursday, saying she’s not averse to the vote being conducted through a secret ballot but she has “no authority or discretion” over the matter according to the constitution.

“I am however‚ bound by the Constitution of the Rules that the [National Assembly] has adopted. Accordingly‚ I have no authority or discretion to accede to the applicant’s request.”

She also said the UDM should have approached the legislature’s rules committee before taking legal action.

“I respectfully submit that this application has no merit; it does not fall within the exclusive jurisdiction of this Court; it does not meet the requirements for direct access‚ it is calculated to embroil this Court in political controversy in a matter that involved a violation of the principle of separation of powers and it is grounded on the assumption that the members of the NA‚ particularly the African National Congress‚ are weak-kneed‚ timid‚ cowardly‚ unprincipled and spineless persons‚ which assumption I am not prepared to make.”

On Tuesday the UDM was granted direct access by the ConCourt to argue its case, prompting the party along with other opposition parties to ask for a postponement of the initial date for the motion until the court decides on the case.

ALSO READ:

//