AS IT HAPPENED: ConCourt rules that Speaker has the power to prescribe secret ballot

2017-06-22 09:42

The Constitutional Court has ruled that the decision of a secret ballot must go back to the Speaker.

News24 journalist Tshidi Madia will be tweeting from the ConCourt. Follow her here.

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Last Updated at 12:41
22 Jun 13:41

Secret Ballot: Which Hat Will Baleka Mbete Wear, Party Or Country?

Chief Justice Mogoeng Mogoeng has neatly kicked the secret ballot decision in the fifth vote of no confidence in President Jacob Zuma back to National Assembly Speaker Baleka Mbete, writes Ferial Haffajee.

22 Jun 13:39
United Democratic Movement v Speaker of the National Assembly and Others - read full judgement

22 Jun 13:37

We still won't vote against Zuma - ANC caucus on secret ballot ruling

The African National Congress in Parliament has welcomed the Constitutional Court's ruling that Speaker Baleka Mbete must decide again on a motion of no confidence in President Jacob Zuma, saying it doesn't change its stance.

22 Jun 12:54

22 Jun 12:53

22 Jun 11:54

22 Jun 11:53

22 Jun 11:46

WATCH LIVE: Here's what the ConCourt secret ballot ruling means..

The Constitutional Court has ruled that the decision of a secret ballot must go back to the Speaker.

We're joined in studio by the Director for the Centre for Constitutional Rights, Phephelaphi Dube, who explains the nitty gritties of the ruling.

22 Jun 11:41

22 Jun 11:40

DA’s vote in upcoming Motion of No Confidence in Zuma will be no secret, says Mmusi Maimane:

"Now that the Constitutional Court has ruled on the matter of the secret ballot, the Motion of No Confidence in Jacob Zuma can be scheduled for debate.

The DA has today written to the Speaker of the National Assembly, Baleka Mbete, to request the DA-sponsored Motion of No Confidence be scheduled at the earliest available opportunity.

Regardless of today’s ruling by the Constitutional Court, the Democratic Alliance’s vote in the upcoming Motion of No Confidence in President Jacob Zuma will be no secret.

The DA will vote to fire Jacob Zuma - and we call on every other Member of Parliament, from all political parties, to do the same."

22 Jun 11:34

22 Jun 11:30

No confidence vote: Email your MP

We have developed a tool to enable South Africans to choose a parliamentarian to contact and ask them to vote in one way or another. Select an MP from the blue drop down menu, fill in the brief form, and send the email.

22 Jun 11:03

COLUMN: Will Baleka Mbete become the most powerful person in SA?

In a few days National Assembly Speaker Baleka Mbete could be the most powerful person in South Africa.

Without ever making a run for the presidency, she could be the one who determines the future of our country.

22 Jun 11:02
In addition, Speaker Baleka Mbete and President Jacob Zuma ordered pay the legal costs for the UDM and other parties.

22 Jun 11:01

22 Jun 10:56
Mogoeng: Speaker was mistaken. Speaker does have power to issue a secret vote.

22 Jun 10:56

22 Jun 10:55
Mogoeng says the speaker must ensure he or her decision strengthens that tenant of our democracy, not undermine it.

22 Jun 10:55
Mogoeng says exercise to determine voting procedure belongs to the people & must not be exercised arbitrarily & whimsically.

22 Jun 10:54
Mogoeng: The speaker has enormous responsibility

22 Jun 10:49
Mogoeng says the voting process should not be a fear or money inspired sham.

22 Jun 10:48
Mogoeng: crass dishonesty must not be discounted from the speaker's decision making process.

22 Jun 10:48
Mogoeng says the electorate is at times entitled to know how their representatives vote on matters, including this motion.

22 Jun 10:45

22 Jun 10:44
Mogoeng: will be quite surprising if the leaders in parliament are not selected with significant input from leaders in party

22 Jun 10:44
Mogoeng says the most effective way to keep people accountable is through a general election.

22 Jun 10:40
Mogoeng: it is her judgment call to make (on determining the appropriate voting procedure)

22 Jun 10:39
Mogoeng referring to rules of national assembly, says through the rules its empowered the speaker to make the determination

22 Jun 10:38
Mogoeng: neither prohibits or prescribes the voting by secret ballot - effect is to leave to the national assembly.

22 Jun 10:37
Mogoeng says if the constitution did not permit secret vote it would have said so.

22 Jun 10:37
Mogoeng saying if this couldn't be there would be no provision for secret vote when voting in a president.

22 Jun 10:36
Mogoeng: the national assembly has the power to determine whether voting can be done in the open or by secret ballot.

22 Jun 10:36

22 Jun 10:35
Mogoeng: procedure to be followed for president & several office bearers even at provincial level has been provided for.

22 Jun 10:35
Mogoeng says the needs of the people must never be allowed to be neglected without consequences.

22 Jun 10:33
Mogoeng: unlike impeachment which targets the individual, motion of no confidence does not spare deputy president & ministers

22 Jun 10:32
Mogoeng: motion of no confidence is in some respects potentially more devastating than impeachment

22 Jun 10:31

22 Jun 10:31

22 Jun 10:29

Mogoeng says those in parliament have to ensure the will of the interest of the people find expression in what the state does. 

Mogoeng: there may come a time when these measures are not or may appear not to be effective

22 Jun 10:27
Accountability featuring heavily in Mogoeng Mogoeng's delivery.

22 Jun 10:25
Mogoeng: constitutional office bearers occupy their position on behalf of and for the common good of the people.

22 Jun 10:24
Mogoeng grants applicants direct access to the ConCourt, meaning the UDM don't have to go through High Court first.

22 Jun 10:22
Mogoeng says motion of no confidence in the head of state & executive is very important, says it deserved to be prioritised.

22 Jun 10:20
Mogoeng says the UDM aggrieved by the speaker dismissing its request it turned to the court.

22 Jun 10:20
Mogoeng: speaker agreed to a motion of no confidence, UDM wrote a letter asking for a secret ballot.

22 Jun 10:19
Mogoeng: what triggered the vote of confidence was President Jacob Zuma's cabinet reshuffle.

22 Jun 10:18

Mogoeng now on measures which can be used when all regular checks & balances seem to be ineffective. 

Mogoeng says everyone has the right to have a dispute that can be resolved by the application of law.

22 Jun 10:16
Mogoeng says people need to be held accountable for state power.

22 Jun 10:15

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