Court to rule on Zuma secret no-confidence ballot

The Constitutional Court will rule on Thursday on whether a vote of no confidence in President Jacob Zuma should be conducted via secret ballot.

The United Democratic Movement (UDM) and the EFF approached the court in a bid to have the looming vote conducted in secret.

The motion was tabled by the DA and EFF after the president’s most recent cabinet reshuffle resulted in the removal of, among others, then finance minister Pravin Gordhan and his deputy, Mcebisi Jonas.

The economy was subsequently sent into a tailspin.

Opposition parties approached the court after National Assembly Speaker Baleka Mbete argued there was no constitutional provision for a vote by secret ballot.

ANC members of Parliament will not vote with opposition parties to remove Zuma, but opposition parties believe if the vote were to be held in secret, some ANC members would “vote with their conscience”.

Those in the governing party who are sympathetic to the president have accused the courts of judicial overreach of their mandate.

During argument last month, Judge Edwin Cameron asked whether it would not be sufficient for the court to leave it to the discretion of the speaker.

Chief Justice Mogoeng Mogoeng argued that Mbete had not disagreed outright to a secret ballot, but simply said she did not have the power to enforce one.

If the court finds that the decision to hold the vote by secret ballot is the discretion of the speaker, Mbete will have to weigh up her ambitions of being the ANC’s next leader and decide whether she will go against Zuma, of whom she has been a strong supporter.

Mbete, who is also ANC national chairwoman, is said to have her sights set on standing as party leader at the ANC conference in December.

The UDM and EFF are arguing that because the Constitution provides for a secret ballot when voting in a president, if opposed, the same should happen when removing him.

With regard to the election of the president, the Constitution states that if the position is being contested by more than one candidate, a vote is done by secret ballot.

However, it does not mention anything about the removal of the president.

MBETE MAY HAVE TO WEIGH UP HER AMBITIONS OF BEING THE ANC’S NEXT LEADER