Daily Dispatch

Daily Dispatch

Making the case for secret ballot

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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.

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