The Western Cape High Court has struck the African Transformation Movement’s (ATM) application against the Speaker of the National Assembly off the roll on grounds that it’s not urgent.
The ATM wanted the motion of no confidence in President Cyril Ramaphosa on Wednesday to be conducted through a secret ballot.
The party had brought an urgent application against the Speaker for her decision that voting should be conducted openly.
The court agreed with the speaker’s counsel that the ATM’s application was not urgent.
In February, the Speaker of the National Assembly declined the party’s request to have the vote held through secret ballot.
ATM president Vuyo Zungula, says that previous court decisions showed that Members of Parliament had to be protected from their parties’ potential abuse in order to vote with their conscience.
Meanwhile, Democratic Alliance (DA) leader John Steenhuisen has requested for the motion of no confidence in the entire cabinet.
Speaker, Nosiviwe Mapisa-Nqakula defended that her decision not to have an open ballot is based on the legal opinion she received prior to making up her mind.
Freedom Front Plus Member of Parliament Corner Mulder questioned Mapisa-Nqakula in a bid to get clarity. “Speaker, I have raised my hand, I just want to make sure if you say the vote will be open it means it won’t be a secret ballot? And secondly, you are also saying the whips will pronounce on behalf of members and members will not pronounce openly themselves in terms of the way they vote?
“My understanding has always been that if we vote, the Whips will pronounce on the votes. However, if there is anyone who wants to vote differently from the position of their parties, members will be free to do so.”
No secret ballot in the vote of no confidence against President Cyril Ramaphosa and his Cabinet: