The Constitutional Court has ruled that the Speaker of the National Assembly has the power to decide whether voting on a motion of no confidence in the President should be done by secret ballot or open ballot.
In a unanimous judgement on Thursday, Chief Justie Mogoeng Mogoeng, clarified that the Constitution does allow the Speaker of the National Assembly to make this determination.
He said that the Speaker, Baleka Mbete, had "only lamented the perceived Constitutional and Regulatory reality that she lacked the power to authorise voting by secret ballot, meaning, now that it has been explained that she has the power to do that which she is not averse to. She has the properly guided latitude to prescribe what she considers to be appropriate voting procedure in the circumstances."
"It may be necessary to add that her Counsel reiterated during the hearing that the Speaker is not really opposed to a secret ballot. The President's counsel also said that the Constitution neither requires nor prohibits, but in reality permits a secret ballot. He went on to say that a secret ballot does not necessary hold adverse consequences for the President," said Mogoeng.
"It would thus be inappropriate to order the Speaker the to have the motion of no confidence in the President conducted by secret ballot as if she ever said that she would not do so, even if she had the power to do so and even if circumstances plainly cry out for it. Whether the proceedings are to be by secret ballot is a power that rests firmly in the hands of the Speaker but exercisable subject to crucial factors that are appropriately seasoned with considerations of rationality," the Chief Justice said.
He said the Constitutional Court cannot assume she (Speaker) will not act in line with the legal position and conditonalities as now claried by this court. No legal or proper basis exists for that," Mogoeng said.
In the order, Constitutional Court said that the UDM's application for a motion of no confidence in President Zuma be conducted by secret ballot is "remitted back to the Speaker for her to make a fresh decision."
Justice Mogoeng's ruling was met the applause from opposition parties who joined the application by the United Democratic Movement saying it was a victory for ordinary South Africans.
UDM leader, Bantu Holomisa, told the media afterwards that the ANC MP's "should now begin to read this watershed judgement which said put the people first."
"So, if ANC votes against or they don't support the motion to remove Zuma, the voters in 2019 must to a good job, that is punish the African National Congress," he said.
"The risk of Members of Parliament (MPs) being victimised if they don't vote according the Party-line is very real. In fact, the President has unequivocally stated that ruling party MPs who vote for his removal will do so at their own peril," Holomisa said.
"The Constitutional Court has today recognised the seriousness of this threat and have made it possible for MPs to vote according to their conscience. The ball is now in the Speaker's court and Ms Baleka Mbete is obliged to uphold her oath of office and prove that she's not a ruling party today," he said..
"We therefore call on the Speaker, irrespective of her political affiliation, to do the right thing and grant a secret ballot for a vote of no-confidence in President Zuma. The UDM hopes that those ruling party MPs, who recognise that their party and president have lost the plot, will help us to take the first step to free the Country from "state capture".
The DA said now that the Constitutional Court has ruled on the matter of the secret ballot, the Motion of No Confidence in Jacob Zuma can be scheduled for debate.
"The DA has today written to the Speaker of the National Assembly, Baleka Mbete, to request the DA-sponsored Motion of No Confidence be scheduled at the earliest available opportunity," said DA leader, Mmusi Maimaine.
"Regardless of today's ruling by the Constitutional Court, the Democratic Alliance's vote in the upcoming Motion of No Confidence in President Jacob Zuma will be no secret. The DA will vote to fire Jacob Zuma - and we call on every other Member of Parliament, from all political parties, to do the same," he said.
Other opposition parties including the EFF, IFP and ACDP, have also welcomed the judgement.
