Parliament must protect MPs who voted with conscience

CASAC (the Council for the Advancement of the South African Constitution) notes with great concern the blatant threats directed towards ANC MPs who it is claimed voted in favour of the motion of no-confidence against President Zuma on Tuesday last week.

First, the identity of the 40 or so ANC MPs who decided to either vote for the motion or to abstain is not or should not be known because the ballot was conducted in secret as directed by the Speaker.

Accordingly, any act of reprisal or retribution, including internal party disciplinary action, would have no basis in fact or law, and may in fact constitute a criminal offence under the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act of 2004, which exists to protect the independence and freedom of expression rights of MPs.

Equally importantly, any such action against any MP would constitute a serious violation of the constitution.

As the Speaker clearly pointed out in her announcement of the secret ballot a week ago, “any action of a political party against a public representative who voted in accordance with their conscience may be struck down for violating the constitution”.

Speaking from Cape Town, Casac’s executive secretary, Lawson Naidoo, said: “The Speaker’s position flows directly from the Constitutional Court’s ruling on June 22, which made it clear that an MP’s duty is first and foremost to the constitution and not to their party. Those mischievously suggesting otherwise now, including the President, are wilfully attempting to mislead the public”.

The constitution is, therefore, as much under attack as are individual MPs. All organs of state, and their office bearers, have a constitutional duty to “uphold, respect and defend” the constitution and all other law.

Parliament must stand by and protect all of its MPs, from all sides of the House, from improper and unlawful interference. Accordingly, we call upon Speaker Mbete to show the resolve necessary to ensure that, as she said last week, MPs do not come to any “harm, hardship or punitive action… where the prevailing atmosphere is toxified or highly charged”.

Clearly, the prevailing atmosphere is becoming more toxic, highly charged and retributive. It is highly regrettable that some political leaders, including the president, have complained bitterly in public about what some of them are choosing to call a “betrayal”. This is dangerous, misleading language that is likely to cause conflict and harm as much as it will confuse the public if it is not effectively challenged.

To counter it, the National Assembly, through the Speaker, must act speedily to reassure MPs and to clarify to the public that MPs were not only entitled to vote with their conscience, but under a duty to do so when deciding if President Zuma still enjoyed the confidence of the National Assembly.

The constitution and the law must be seen to effectively protect those rights of MPs.