To decide whether next week’s parliamentary vote of no confidence in President Jacob Zuma should be by secret or open ballot, National Assembly Speaker Baleka Mbete needn’t be deliberating with herself for as long as she has. Her parameters are defined by the constitutional obligation to apply the test of rationality that she’ll have to explain.
But to the extent that she’s also deliberating with the ANC, in her capacity as its national chair, both she and the ANC have a real difficulty. What kicks in is the Prevention & Combating of Corrupt Activities Act, specifically at s7 headed “Offences in respect of corrupt activities relating to members of legislative authority”.
See this in the context of threats to ANC members of parliament that, should they vote with their consciences (as required by law) to support the no-confidence motion, they’ll lose their jobs. If the threat is applied, and perhaps even by having implied such a threat, the ANC itself can be open to prosecution under the Act. Similarly liable to prosecution would be individual members who allow the threat, real or perceived, to dictate the way they vote.
The relevant section of the Act is explicit:
Any member of the legislative authority who, directly or indirectly, accepts or agrees or offers to accept any gratification from any other person, whether for the benefit of himself or herself or for the benefit of another person; or
Any person who, directly or indirectly, gives or agrees or offers to give any gratification to a member of the legislative authority, whether for the benefit of that member or for the benefit of any person...