Daily Dispatch
Making the case for secret ballot
THE Constitutional Court’s judgment last week that speaker Baleka Mbete has a discretion, under “appropriate circumstances”, on whether or not to call a secret ballot in the vote of no confidence in the president was a carefully crafted and well-reasoned one.
It had to be, because – even if the appropriate circumstances are present – it could prove a double-edged sword for our democracy.
Our shrouded proportional representation system already holds the voter at arm’s length and accountability is the inevitable victim. Many PR political party representatives are in their positions of salaried power because they toe the party line, not because of a commitment to the common good or a desire to keep voters happy.
These faithful party hacks are kept in line because if they are seen to break ranks, they are easily replaced. Given this, and the claimed threats that any ANC MP who stepped out of line faced removal, a secret ballot in the vote of no confidence in the president makes sense. Those within the ANC who feel their compromised president has done the country one disservice too many, can vote with their conscience “without undue influence, intimidation or fear of disapproval”.
The result might be that the motion of no confidence succeeds and then the inevitable constitutional imperative kicks in. Jacob Zuma and his entire cabinet must resign.
Given the horrendous extent of the abuse of state power and resources evidenced in the leaked Gupta emails, many South Africans would chalk that up as a major victory.
It would mean that for the first time, there would be consequences for executive actions that have led directly to major credit rating agencies downgrading us to junk status – with serious economic consequences, particularly for poor South Africans.
But accountability is never a simple issue. There is another side to holding a secret ballot in a parliament that should be upholding the constitutional values of accountability, responsiveness and openness. We have the right to see how our representatives – who we directly or indirectly put into power – vote. In a secret ballot South Africans don’t get to see who votes for what. Parliamentary transparency is sacrificed and this must never be lightly done.
If opposition party members are bribed to vote against the motion, the public will never know. Nor will the political party concerned. That member will never be held accountable for acting against their constitutional mandate to vote honestly for the common good.
A vote of no confidence in our president is a weighty decision with huge consequences. In an ideal world MPs should be able to do so openly and with the courage of their convictions. If they lack that courage, the public should, arguably, know.
The Constitutional Court found that the purpose for leaving the voting procedure open to the speaker’s discretion was so that parliament itself could determine how best to advance our constitutional project. In the case of a vote of no confidence in Zuma, it seems a secret ballot may well be necessary. But the power to vote via secret ballot is one that the speaker will have to wield with great caution and careful consideration.