Secret ballot ruling today

It’s a busy time for President Jacob Zuma as he appears in parliament today to answer oral questions while the Constitutional Court delivers its verdict on the secret ballot action brought by the United Democratic Movement (UDM).

In the back of his mind will be Public Protector Busisiwe Mkhwebane, who, according to popular opinion, is trying to kick open National Treasury’s doors while on the other hand opposing his application for a judicial review of the State of Capture report.

A ruling in the UDM’s favour is by no means a slam-dunk, according to University of Johannesburg constitutional law expert Professor Mia Swart. “Even though I can see the need for it, in particular in the context we as South Africa find ourselves now, I don’t think it can be said uncategorically if there is no secret ballot, there is no free voting.

“The condition of free voting has never been secret voting. It just means it should be uncoerced; you should be informed, and not intimidated in any way.”

She said because a president was elected through a secret ballot it didn’t necessarily follow he could be removed that way.

“Even if the ConCourt gives the go-ahead – and I think there’s a fairly good chance – it doesn't mean the speaker has to order a secret ballot. It will still remain in her discretion,” Swart said.

“The ConCourt can only do so much. In the end a lot will be left to the discretion of the speaker and all indications are that she will make a decision in the interest of the ANC.

“I believe at no point a court will be able to force her to hold a secret ballot,” Swart said.

It is beyond comprehension that a qualified & experienced advocate such as #Mkhwebane doesn’t know powers & mandate of the #PublicProtector. #Malema: It’s incorrect to say those who hold a leftist view are economically illiterate. Is it cheating if you are on WiFi? Asking for a friend... #SocialMediaBlackout #DataMustFall I have a law degree and looking for a job #HireAGraduate #JobSeekersSA