Will the Constitutional Court Rule in Favour of a Secret Ballot?
May 18, 2017
On 15 May 2017, a full bench of the Constitutional Court heard from no less than ten counsel on whether the Constitution or the Rules of the National Assembly requires, permits or prohibits a vote of no confidence to be conducted by secret ballot. This brief summarises the primary issues that were argued before the Court.
Introduction
The Speaker of the National Assembly, when requested by the United Democratic Movement (UDM) to conduct a vote of no confidence by secret ballot, replied that she did not have the authority in law or in terms of the Rules of the National Assembly (Rules) to determine that a vote of no confidence be conducted in that manner. In response, the UDM filed an urgent application with the Constitutional Court for an order declaring that the Constitution requires, alternatively permits, motions of no confidence to be decided by secret ballot.
The question seems simple enough at first: Does the Constitution or the Rules require, permit or prohibit the use of a secret ballot in a vote of no confidence? But the complexities of the matter bear witness when even the Chief Justice, after thanking counsel for their help in clarifying the issues, admitted that the task of conceptualising the issues was challenging. Although the parties raised several arguments, four issues dominated oral arguments before the Court, including (i) the question of separation of powers; (ii) the omission of an explicit provision for a secret ballot; (iii) how the purpose of the National Assembly’s oversight function is best served; and (iv) whether a secret ballot would hurt democratic practice in the National Assembly.