It was premature for the United Democratic Movement to approach the Constitutional Court to rule on whether a motion of no confidence should be decided by secret ballot‚ Parliamentary Speaker Baleka Mbete has said.
In an affidavit filed in court on Thursday‚ Mbete opposed the party’s application which seeks the use of secret ballot in the pending motion of no confidence against President Jacob Zuma.
The party approached the court on Monday after Mbete refused its request to have the motion of no confidence conducted by way of a secret ballot.
Mbete said in responding papers that the UDM had jumped the gun when it approached the Constitutional Court and that it could have approached Parliament’s Rules Committee or the High Court instead.
“The disadvantage [of approaching the Constitutional Court] is that there is no possibility of an appeal; experience has shown that decisions are more likely to be correct if more than one court has been required to consider the issues raised.
“In this matter the applicant has not exhausted its internal remedies‚ in that‚ a party or a member has the right to approach the Rules Committee with proposals for amendments to the Rules.”
Mbete pointed out that the UDM supported Parliament’s adoption of its current rules on May 26‚ 2016.
She also said that the principle of the separation of powers was implicated in the UDM’s application.
“It is not for the courts to be concerned with political questions but the function of the courts is to ensure that political decisions conform with the Constitution. It is not the function of the court to introduce the requirement for a secret ballot‚” Mbete said.
“The fact that the Constitution may permit a secret ballot‚ as alleged is irrelevant. The real issue in this matter is whether the Constitution imposes such an obligation.
“As stated above‚ the Constitution does not impose any such obligation. On the contrary‚ the Constitution‚ unless expressly provided‚ contemplates an open and transparent process.”
UDM leader Bantu Holomisa argued in founding papers that whenever members of the National Assembly were called upon to elect the president‚ this must take place via secret ballot. By the same token‚ therefore‚ when members seek to express motions of no confidence in the president‚ a secret ballot must also be used‚ he argued.
Holomisa said the motion of no confidence in the president‚ which was postponed this week‚ was critical in light of the country’s economic and political crisis.
Two of the three ratings agencies have downgraded South Africa’s long-term foreign currency sovereign rating from investment grade to “junk” status since the reshuffle‚ he said.
'It is not for the courts to be concerned with political questions'‚ says Mbete in UDM secret ballot case
It was premature for the United Democratic Movement to approach the Constitutional Court to rule on whether a motion of no confidence should be decided by secret ballot‚ Parliamentary Speaker Baleka Mbete has said.
In an affidavit filed in court on Thursday‚ Mbete opposed the party’s application which seeks the use of secret ballot in the pending motion of no confidence against President Jacob Zuma.
The party approached the court on Monday after Mbete refused its request to have the motion of no confidence conducted by way of a secret ballot.
Mbete said in responding papers that the UDM had jumped the gun when it approached the Constitutional Court and that it could have approached Parliament’s Rules Committee or the High Court instead.
“The disadvantage [of approaching the Constitutional Court] is that there is no possibility of an appeal; experience has shown that decisions are more likely to be correct if more than one court has been required to consider the issues raised.
“In this matter the applicant has not exhausted its internal remedies‚ in that‚ a party or a member has the right to approach the Rules Committee with proposals for amendments to the Rules.”
Mbete pointed out that the UDM supported Parliament’s adoption of its current rules on May 26‚ 2016.
She also said that the principle of the separation of powers was implicated in the UDM’s application.
“It is not for the courts to be concerned with political questions but the function of the courts is to ensure that political decisions conform with the Constitution. It is not the function of the court to introduce the requirement for a secret ballot‚” Mbete said.
“The fact that the Constitution may permit a secret ballot‚ as alleged is irrelevant. The real issue in this matter is whether the Constitution imposes such an obligation.
“As stated above‚ the Constitution does not impose any such obligation. On the contrary‚ the Constitution‚ unless expressly provided‚ contemplates an open and transparent process.”
UDM leader Bantu Holomisa argued in founding papers that whenever members of the National Assembly were called upon to elect the president‚ this must take place via secret ballot. By the same token‚ therefore‚ when members seek to express motions of no confidence in the president‚ a secret ballot must also be used‚ he argued.
Holomisa said the motion of no confidence in the president‚ which was postponed this week‚ was critical in light of the country’s economic and political crisis.
Two of the three ratings agencies have downgraded South Africa’s long-term foreign currency sovereign rating from investment grade to “junk” status since the reshuffle‚ he said.
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