Speaker’s refusal to grant secret ballot is irrational
2 December 2020
Further to the Motion of No Confidence in President Ramaphosa which has been scheduled for the 3rd of December, the ATM has since been persuading the Speaker to allow a situation where members of Parliament are enabled to vote freely with their conscience where there would be no consequential hardships as a result of how they would have voted. The Speaker has flatly refused this request, citing very flimsy reasons. It’s almost like the Speaker wants to see blood and loss of life for her to comprehend the toxic and highly charged environment at play in the political battlefield.
The ATM has been forced to resort to Courts to persuade the Speaker to exercise her powers in a manner that the Constitutional Court on the matter between the UDM vs Speaker and others directed.
The Constitutional Court said, “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. Due regard must always be had to real possibilities of corruption as well as the prevailing circumstances and whether they allow Members to exercise their vote in a manner that does not expose them to illegitimate hardships. Whether the prevailing atmosphere is generally peaceful or toxified and highly charged, is one of the important aspects of that decision-making process.”
The Speaker's loyalty to her party has prevented her from conceding to the legitimate plea of the ATM to have voting conducted in a secret ballot. In the letter to the Speaker, the ATM pointed out that the conditions precedent for the secret ballot are too many to list. The ATM reminded the Speaker that already two members from the opposition party whose names are in the public domain have been exposed as beneficiaries of the CR17 campaign funds. That alone should have been enough as a red flag to indicate that a suspicion that many more could be in the CR17 payroll is justified.