ConCourt ‘walks fine line’ over secret ballot

With the Constitutional Court hearing arguments for and against a secret ballot in the pending no-confidence motion against President Jacob Zuma, it has to be careful not to rule in a manner that encroaches on parliament’s territory, a political analyst says.

But Professor Mcebisi Ndletyana said that whichever way the court ruled, the ANC would find a way to force its members not to vote against Zuma.

The United Democratic Movement applied to the court for an order to compel National Assembly Speaker Baleka Mbete to allow a secret ballot for the upcoming vote.

Mbete has said that in this context, a secret ballot was not provided for in the constitution and, therefore, she did not have the power to allow it.

Ndletyana said that throughout yesterday’s proceedings, it became clear that the judges were wary of violating the separation of powers between the judiciary and the legislature.

“The court is likely to decide not to encroach into the legislative domain to avoid being accused once more of judicial activism.

“It might affirm the principle of a secret vote and leave the details to the legislature,” Ndletyana said.

But whatever it concluded, if political parties wanted to whip up popular sentiment, they would still do so.

The parties’ lawyers were, therefore, pushing the court to at least accede to the principle that the speaker can allow for a secret ballot. “Whether the speaker does that after the court has ruled that way would be up to parliament,” Ndletyana said.

The UDM application is supported by a large number of opposition parties and civil society organisations.

Speaking prior to the march to the Constitutional Hill yesterday, opposition political parties all called for Zuma to step down.

UDM deputy president Nqabayomzi Kwankwa said South Africa must emulate South Korea and impeach and jail all corrupt politicians.

In a scathing statement, Economic Freedom Fighters leader Julius Malema said the ANC had no provisions to protect its members of parliament against intimidation if they voted against Zuma.

“Zuma says he will not go until the ANC says so and that means that he will not go even when parliament votes him out.

“Be prepared for a dictatorship because Zuma will not go.

“But if he does not want to go, we will drag him out of the Union Buildings,” Malema added.