Malema argues in court papers for a secret ballot
• EFF leader says there is no unanimity on whether or not Zuma should remain as president
The decision to vote out President Jacob Zuma in a no-confidence motion is a contested one, in which there is no “unanimity” even within the ANC and therefore should be held in secret, EFF leader Julius Malema argues in court papers.
The decision to vote out President Jacob Zuma in a noconfidence motion is a contested one in which there is no unanimity even within the ANC and therefore should be held in secret, EFF leader Julius Malema argues in court papers.
The EFF and the Inkatha Freedom Party (IFP) filed papers on Tuesday in support of the United Democratic Movement’s (UDM’s) application to the Constitutional Court for a secret ballot in the pending motion of no confidence against Zuma.
The EFF and the IFP are cited as the fifth and sixth respondents, respectively in the UDM case and both have in their affidavits agreed on the need for the vote to be held in secret.
All papers are set to be filed by Friday and the court will then determine the way forward.
In his affidavit, Malema argues that in 2008, when former president Kgalema Motlanthe was elected by Parliament, the vote was held in secret because the election was contested after the DA put forward then MP Joe Seremane as an alternative candidate.
Neither the ANC nor the Speaker at the time had opposed the election being held in secret.
Malema illustrates that the decision on whether to vote in favour of the motion within the ANC is a contested one by referring to a Facebook post penned by party MP Makhosi Khoza in which she outlines the dilemma faced by ANC MPs.
Malema says Khoza’s post shows that party MPs believe they are being compelled to choose between the Constitution and the “injudicious leadership” of the party, which expects them to toe the line even if it leads them into a ditch.
“Many ANC members of Parliament that I have spoken to have said to me that they would like the matter to be dealt with on a secret ballot basis in order to enable them to express their opinions clearly,” Malema said.
He argues that it is, in fact, a constitutional obligation for the vote to be held in secret. The election of the president is part of the functions of the National Assembly outlined in the Constitution.
Section 86(2) of the Constitution “specifically obliges a secret ballot in the event of two or more candidates being nominated”. When there is just one candidate, the election is regarded as unanimous.
“There is no unanimity on whether Zuma should remain as president or not. It is a highly contested question. It is thus a scenario comparable to that envisaged in a contested election of the president,” Malema says in the affidavit.
While the power of removal of the president also resides with the National Assembly in terms of the Constitution, it does not make express statements about secret balloting.
However, Malema submits the “power of the appointment of the president includes the power of his removal” and the same procedure is applicable.
Political analyst Somadoda Fikeni told Business Day that the opposition parties’ case was compelling.
“I do think the Constitutional Court will have to pronounce on the issue of secret or not secret. My sense is that they will lean towards the secret ballot. When you appoint a president, you do so through a secret ballot, although it has traditionally been open,” he said.