Tshwarelo Hunter Mogakane
Pretoria - African Transformation Movement (ATM) leader Vuyo Zungula has instituted legal proceedings against the Speaker of the National Assembly for rejecting a motion to have a secret ballot during the debate for the adoption of the report into the impeachment process against President Cyril Ramaphosa.
On December 1, Zungula wrote to Nosiviwe Mapisa-Nqakula asking that she consider allowing MPs to vote for or against the adoption of the report via a secret ballot.
Mapisa-Nqakula declined the request, prompting other opposition leaders to spend nearly an hour on December 13 begging her to allow the secret ballot following allegations that some MPs had received death threats.
Instead, she ruled that all MPs would vote publicly by verbally affirming or rejecting the adoption of the report.
A total of 148 MPs voted in favour of the adoption of the report, while 214 voted against it.
This week, the ATM made an urgent application to the Western Cape Division of the High Court, asking that Mapisa-Nqakula’s decision be set aside, and declared irrational and unconstitutional.
“We have approached the High Court’s Western Cape Division on an urgent basis. The ATM is asking the court to set aside the unlawful open ballot system that was used by the Speaker of the National Assembly,” ATM national spokesperson Zama Ntshona said.
“The ATM also calls for the court to declare as irrational the partisan decision of the National Assembly to set aside the (panel) report.”
In his founding affidavit to the Western Cape High Court, Zungula said the Speaker told the ATM that “exceptional circumstances” were required for her to deviate from "the principle of openness”.
“The Speaker is wrong because the principle of openness is not the default position, and therefore cannot be deviated from.
“Just over a year ago, the Supreme Court of Appeal explained why the Speaker was incorrect to require the ATM to satisfy an onus before an open ballot procedure is deviated from,” he said.
He argued that the Speaker took away the powers given to the National Assembly to hold the executive accountable.
“The Speaker’s decision was irrational. The Speaker was required to determine whether an open or closed ballot procedure would best give effect to Parliament’s duty to hold the president accountable.
“The evidence before the Speaker made it clear that members of the Assembly who belong to the ANC were threatened with disciplinary action if they did not toe the party line,” said Zungula.
The court papers named the Speaker, Ramaphosa, the ANC, and all opposition parties except the ATM as respondents.
No relief is sought against the opposition parties unless they oppose the application.
The case is set down for January 25, 2023.
National Assembly spokesperson Moloto Mothapo did not respond to questions.
Pretoria News