Speaker declines the DA’s request for a closed vote on the MONC in the cabinet

24 March 2022

The Speaker of the National Assembly (NA), Ms Nosiviwe Mapisa-Nqakula has written to the Chief Whip of the Democratic Alliance (DA), Ms Natasha Mazzone to decline the party’s request for an in-person ballot procedure on the Motion of No Confidence in the Cabinet, excluding the President, scheduled for 30 March 2022.

The Speaker on 18 March 2022 responded to the DA’s letter, dated 15 March 2022, in which Ms Mazzone contends that the secret ballot voting procedure on the motion will ensure absolute security and freedom of vote, and further states that there is no chance that a member would stand up against their chief whip to vote differently.

“Having considered all relevant factors and the contents of your letter I am not persuaded that there is proper basis to conclude that any member would not be able to freely and consciously express an open vote different from their party’s preference, and feel secure that they have done so in keeping with their oath of allegiance to the Constitution”, the Speaker said in a letter.

In arriving at the decision to decline the request, the Speaker said she gave regard to relevant judgements, in particular the case of The United Democratic Movement v Speaker of the National Assembly [2017] and the African Transformation Movement v Speaker of the National Assembly [2021], dealing with the question of secret balloting for motions of no confidence.

“It is clear from these judgments, that I should take into account the prevailing environment in the country, and how these circumstances might impact negatively on the ability of members to exercise their vote freely”, she said.

She said she also considered each of the various factors set out in these judgements which are to be taken into account in the exercise of her discretion.

“I am concerned that a secret voting procedure may facilitate the possibility of negative practices aimed at influencing members to vote in a particular manner, since members will be shielded from scrutiny and accountability to the people they represent for exercise of that constitutional duty”, she said.

The Speaker further emphasized the value of an open voting system.

“I consider that our democracy will be best served by members of the Assembly who demonstrate openly that, in the event of a conflict between upholding constitutional values and party loyalty, they would follow the values and dictates of the Constitution over the political party loyalty, irrespective of the consequences that could befall their political career prospects individually”, she concluded.

Meanwhile, the Secretary to the NA Mr Masibulele Xaso refutes a claim contained in the Citizen’s article that he told Members of Parliament during a Programme Committee meeting on Thursday morning that the Speaker was yet to make a decision on the DA’s request. 

“The Speaker had already responded to the DA’s request by the time the NA Programme Committee met on Thursday morning. So, there is no way I could have said what is purported by the article”, Mr Xaso clarified.

On 16th February, the Speaker also declined the African Transformation Movement’s (ATM) request for a secret ballot on the Motion of No Confidence in the President.

The ATM then took the Speaker’s decision on review, and the matter will be heard in the Western Cape High Court on 28 March 2022.

Both motions are scheduled for debate on 30 March in the NA at 2 pm.

Issued by Moloto Mothapo, Media Officer, Parliament, 24 March 2022