By LOYISO SIDIMBA and NGWAKO MODJADJI
Chief Justice Mogoeng Mogoeng has reminded National Assembly Speaker Baleka Mbete that the power she wielded belonged to South Africans and must not be used “arbitrarily or whimsically”.
Yesterday, Mogoeng delivered the Constitutional Court’s unanimous judgment on the United Democratic Movement’s (UDM’s) bid to force Mbete to conduct the vote of no confidence in President Jacob Zuma by secret ballot.
The nation’s top judge said Mbete’s power to determine the voting procedure in a motion of no confidence belongs to “the people and must thus not be exercised arbitrarily or whimsically”.
“There must always be a proper and rational basis for whatever choice the speaker makes in the exercise of the constitutional power to determine the voting procedure,” Mogoeng said, warning that Mbete should ensure that her decision strengthened democracy and did not undermine it.
The Constitutional Court has referred the UDM’s request that the motion be decided through secret ballot back to Mbete to make a fresh decision, saying that for the apex court “to order a secret ballot would trench separation of powers”.
Mogoeng said Mbete should take into account the real possibilities of corruption, the prevailing circumstances and whether to allow MPs to exercise their vote in a manner that did not expose them to illegitimate hardship.
“Whether the prevailing atmosphere is generally peaceful or toxified and highly charged is one of the important aspects of that decision-making process,” he explained.
The Institute for Security Studies had previously told the Constitutional Court that intimidation and threats against outspoken ANC MP Dr Makhosi Khoza were likely to constrain how she and other parliamentarians exercised their rights in a vote of no confidence.
The Council for the Advancement of the SA Constitution told the court that Mbete was in an irreconcilable conflict of interests because as ANC chairwoman she could not seek that her party spoke with one voice, while simultaneously as speaker, act impartially in ensuring that all members, including ANC members, voted according to their constitutional obligations.
Mogoeng said nowhere did the country’s supreme law provide for MPs to swear allegiance to their political parties.
He added that the purpose of the motion of no confidence was to enhance the enforcement of accountability by allowing MPs to express and act firmly on their dissatisfaction with the executive’s performance in between general elections.
According to Mogoeng, because the speaker is chosen from among MPs, she has the responsibility to balance party interests with the people’s, which is a difficult dual responsibility, given the independence and impartiality required by her position.
Reacting to the judgment, UDM leader Bantu Holomisa said: “You must understand that the speaker is conflicted so her lines are a little blurred. We can’t understand why she was protecting Zuma. This time around she would have to change her tactics a little bit.”
Political analyst Somadoda Fikeni said Mbete had no option but to allow a secret ballot, or come up with a superior reason as to why a secret ballot could not be allowed.
The court has ordered Zuma and Mbete to pay the costs of the legal bill, which the Dispatch understands could cost taxpayers more than R1-million. — Tiso Black Star Group
Zuma secret vote up to Mbete
Chief Justice Mogoeng Mogoeng has reminded National Assembly Speaker Baleka Mbete that the power she wielded belonged to South Africans and must not be used “arbitrarily or whimsically”.
Yesterday, Mogoeng delivered the Constitutional Court’s unanimous judgment on the United Democratic Movement’s (UDM’s) bid to force Mbete to conduct the vote of no confidence in President Jacob Zuma by secret ballot.
The nation’s top judge said Mbete’s power to determine the voting procedure in a motion of no confidence belongs to “the people and must thus not be exercised arbitrarily or whimsically”.
“There must always be a proper and rational basis for whatever choice the speaker makes in the exercise of the constitutional power to determine the voting procedure,” Mogoeng said, warning that Mbete should ensure that her decision strengthened democracy and did not undermine it.
The Constitutional Court has referred the UDM’s request that the motion be decided through secret ballot back to Mbete to make a fresh decision, saying that for the apex court “to order a secret ballot would trench separation of powers”.
Mogoeng said Mbete should take into account the real possibilities of corruption, the prevailing circumstances and whether to allow MPs to exercise their vote in a manner that did not expose them to illegitimate hardship.
“Whether the prevailing atmosphere is generally peaceful or toxified and highly charged is one of the important aspects of that decision-making process,” he explained.
The Institute for Security Studies had previously told the Constitutional Court that intimidation and threats against outspoken ANC MP Dr Makhosi Khoza were likely to constrain how she and other parliamentarians exercised their rights in a vote of no confidence.
The Council for the Advancement of the SA Constitution told the court that Mbete was in an irreconcilable conflict of interests because as ANC chairwoman she could not seek that her party spoke with one voice, while simultaneously as speaker, act impartially in ensuring that all members, including ANC members, voted according to their constitutional obligations.
Mogoeng said nowhere did the country’s supreme law provide for MPs to swear allegiance to their political parties.
He added that the purpose of the motion of no confidence was to enhance the enforcement of accountability by allowing MPs to express and act firmly on their dissatisfaction with the executive’s performance in between general elections.
According to Mogoeng, because the speaker is chosen from among MPs, she has the responsibility to balance party interests with the people’s, which is a difficult dual responsibility, given the independence and impartiality required by her position.
Reacting to the judgment, UDM leader Bantu Holomisa said: “You must understand that the speaker is conflicted so her lines are a little blurred. We can’t understand why she was protecting Zuma. This time around she would have to change her tactics a little bit.”
Political analyst Somadoda Fikeni said Mbete had no option but to allow a secret ballot, or come up with a superior reason as to why a secret ballot could not be allowed.
The court has ordered Zuma and Mbete to pay the costs of the legal bill, which the Dispatch understands could cost taxpayers more than R1-million. — Tiso Black Star Group
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