Bantu’s bid for secret ballot
Parliamentary Speaker Baleka Mbete will not oppose the UDM leader Bantu Holomisa’s court application to have the vote of no confidence against President Jacob Zuma conducted in secret.
Widespread concerns ANC MPs may not vote against JZ due to intimidation.
Speaker of parliament Baleka Mbete will not oppose the United Democratic Movement’s (UDM) Constitutional Court application to have the vote of no confidence against President Jacob Zuma conducted through a secret ballot.
Yesterday, she backtracked on her earlier decision to turn down the UDM’s request.
“With regard to whether motions of this nature ought to be conducted by way of a secret vote, the speaker of the National Assembly holds no position on the matter.
“Where the speaker and the UDM disagree is in relation to the powers of the speaker under the constitution to make such a determination,” Mbete’s office said yesterday.
But the UDM has since been allowed access to the Constitutional Court by the court itself, a decision that could result in the postponement of the no-confidence debate in parliament to beyond April 18, if the application succeeds.
The court directed that relevant parties, including the speaker, the president, the ANC and opposition parties, had until April 21 to make submissions as to why the vote should or should not be secret.
Mbete has set down the debate for Tuesday next week and is now under pressure to postpone it.
The application for a secret ballot was brought by the UDM over widespread concerns that ANC MPs may not vote in favour of the motion due to intimidation or pressure from Luthuli House.
UDM attorney Eric Mabuza said Mbete had been given until 10am to postpone the debate, pending the outcome of a Constitutional Court ruling on the secret ballot.
“The D-day is [today] … we will only go to the lower court if the speaker refuses to postpone the sitting on the 18th,” he said, adding that after 10am they would approach the court for a “very, very urgent interdict”.
ANC chief whip Jackson Mthembu maintained that ANC MPs stood behind Zuma. ANC caucus spokesperson Nonceba Mhlauli said the party would oppose a motion of no confidence
In a statement issued by parliament, Mbete said while she was not opposed to a no-confidence vote and the UDM’s application in principle, she intended to tell the Constitutional Court that the secret ballot vote had no basis in law as it was not provided for in the constitution and the rules of the House.
The statement said Section 102 of the constitution, which dealt with the procedure for motions of no confidence, made no stipulations for a secret ballot in the House.
It also cited the rules of the National Assembly that made no provision for voting by secret ballot.
Mbete reiterated her vow to uphold the constitution, saying that all her decisions must have a basis in law and the rules of the House.
“Therefore, acceding to the request of the UDM would have been unconstitutional, as she does not enjoy such powers in the constitution,” parliament’s statement said.
This is the position the speaker will advance in the Constitutional Court.
Parliament issued another statement yesterday afternoon, saying it “will comply with the directions and time frames issued by the court”.
“The Constitutional Court has not yet taken a decision to either hear or schedule the application from the UDM.
“No injunction has been made by the court regarding the debate on the motion of no confidence, which is scheduled for April 18, 2017 at 2pm in the National Assembly,” parliamentary spokesperson Moloto Mothapo said.
Meanwhile, the DA has written to Mbete to request a postponement of the motion of no confidence in Zuma until the Constitutional Court decides whether the vote will be done by secret ballot or not.
“It is important to allow the Constitutional Court the time to determine whether the motion can be conducted by secret ballot, as we believe that this would materially affect the outcome of the vote itself,” the party said.
“As soon as a decision is taken, the motion must be debated before the Assembly as soon as possible.”
I am not opposed to a vote of no confidence