Secret Ballot requested after the consideration of independent panel report
1 December 2022
Noting that the Constitutional Court in the I-JDM v Speaker matter opined that the decision by the Speaker as to whether a vote is to be open or secret must be rational to survive Constitutional scrutiny.
And to be rational it must be "Situation Specific" and involve an overall view of all circumstances. Madam speaker must accept that secret ballot voting system is necessary in certain circumstances for the effective exercise of the members of the national assembly right to vote without outside influence or conscience which would render the right an empty one.
Further noting that the adoption of a secret ballot is based on the principle that it promotes and protects freedom of expression of choice without undue influence, intimidation and fear of disapproval from others or a money inspired sham.
A secret ballot is a tool to safeguard the responsibility of the members of the national assembly to vote according to their own conscience when it Is necessary to enforce accountability effectively and properly without undermining the need for them ever to toe the party line.
Most importantly, the discretion that Madam speaker enjoys in deciding whether an open or secret ballot is appropriate belongs to the people; it has nothing to do with the interests of the ruling party or the party Madam speaker is a member of. It must not be exercised arbitrarily or whimsically, but for the purpose of which is to achieve the parliament's accountability mechanism.
Madam speaker, in exercise of this enormous responsibility has to be consistent and have regard to the general public voter confidence and apply her discretion in a manner that strengthens South Africa's democracy rather than in a manner that seeks to undermine it.
During the tenure of one of your predecessors, the Honourable Baleka Mbete, faced with comparable circumstances and under similar political atmosphere, toxic as it was, with divisions in the ruling party as it is, she decided on a secret ballot as the most appropriate voting mechanism in a motion of no confidence in former President Zuma. The decision was enough to ensure public confidence in the office of the Speaker irrespective of the outcome of the vote.
It cannot be denied that the current political environment is clearly toxic on a range of levels. We draw the attention of the Speaker to death threats in the public domain that Honourable Dirks is living under which are being investigated by Crime Intelligence, 0B 1260-02-2022.
With the ruling party leading to its national leadership conference, there are already very serious tensions within the party with accusations and counter accusation amongst party members playing out in the public domain. There is evidence of killings in branches of the ruling party, and what could amount to bribery of members of parliament. Madam Speaker is reminded that President Ramaphosa confessed in Parliament that he gave money to EFF members prior to his election as President of the Republic. Those members were subsequently removed from Parliament because the EFF rightfully so did not approve of this unethical conduct. In response to a further question as to how many other members of Parliament he gave money to, President Ramaphosa made another confession and said that he had given money to "a number of other members as well". It remains a mystery even today particularly with the sealing of CR17 Bank statements to establish the extent of compromised members of Parliament who would not be able to openly vote against President Ramaphosa.
It therefore follows that open voting will not be according to each members conscience as required the oath of office but would be according to the party loyalty, party line factionalism and influenced by the money received from the person who deserves to be voted out.
In the result, Madam speaker is urged to grant secret ballot to give effect to the directive of the Constitution
Yours Faithfully
Issued by V Zungula, ATM President, 1 December 2022
