Mbete must heed words of Mogoeng

Former detractors of Chief Justice Mogoeng Mogoeng have heaped praise on a man who, when he was chosen to head the Constitutional Court six years ago, many suspected of being President Jacob Zuma’s stooge.

Last week was one of the many milestones in our legal and political history when the chief justice delivered a brilliant verdict clarifying that the Speaker of parliament, Baleka Mbete, does indeed have the power to allow a secret ballot for a vote of no confidence against the president.

In his judgment, Mogoeng urged Mbete to do the right thing by the electorate, and explained that the law required members of parliament to put the country first – ahead of their political parties.

He asked Mbete to use her discretion to decide whether to allow the secret ballot, and advised her to act rationally when making her decision.

He reminded her that the power she wields belongs to all South Africans and that the decision must strengthen democracy and not undermine it.

At the heart of the case brought by the UDM is their argument that there is a toxic environment in parliament in which political parties have the power to intimidate their members to toe the party line when voting in parliament. The belief is that a secret vote is necessary to protect members voting according to their own conscience.

Mogoeng’s judgment serves to remind the speaker and all MPs of their legal responsibilities and their constitutional obligations towards voting citizens.

He simplified the accountability and responsibility of the executive by stating that: “An individual member remains free to follow the dictates of personal conscience.”

Even though many South Africans may feel disheartened that Mbete’s next move is likely to be a decision that protects her party rather than the country, the Constitutional Court judgment warning that her decision should be legally rational opens the door for her to be hauled back to court.

Beyond her decision though, the court’s judgment is one of the greatest victories for our democracy, indicating that our judiciary is independent and looking out for all our interests.

The verdict sets the stage for all the good men and women to rise.