"ConCourt hinted strongly that a secret ballot would be the wisest decision"

While the ruling that there was no reason for the Parliamentary Speaker not to hold a secret ballot in itself was not surprising, was there anything that stood out in the judgment from a legal and constitutional perspective?

Constitutional law expert Pierre de Vos things there was.

I think there was something quite interesting in the sense that we are a system in which the National Assembly, on paper at least is the most powerful of the two branches of government...because they elect the President, they can fire the President.

Pierre de Vos, Constitutional law expert

But in practice it does not always work that way, he says.

The Parliament does not always hold the Executive as accountable as it should. And the language in this judgment is very strong as to the...constitutionally mandated obligations...of the National Assembly to hold the Executive accountable.

Pierre de Vos, Constitutional law expert

And the fact that their first obligation is to the Constitution and not their political parties, the court found.

Which is interesting as the Members of Parliament are only in Parliament because they happen to be in the good books of the leaders of their political party.

Pierre de Vos, Constitutional law expert

But will this finding have any impact on the real world of politics?

De Vos says the judgment may be a useful precedent for the future.

The ConCourt did sort of hedge their bets...saying when the Speaker decides on the secret ballot she needs to take into account the whole picture.

Pierre de Vos, Constitutional law expert

This hedging allows for secret ballots only to happen when appropriate.

He says the ConCourt today was hinting very strongly that a secret ballot would be the wisest and the best decision to follow in this particular case.

Take a listen:

702 welcomes all comments that are constructive, contribute to discussions in a meaningful manner and take stories forward.

However, we will NOT condone the following:

  • Racism (including offensive comments based on ethnicity and nationality)
  • Sexism
  • Homophobia
  • Religious intolerance
  • Cyber bullying
  • Hate speech
  • Derogatory language
  • Comments inciting violence.

We ask that your comments remain relevant to the articles they appear on and do not include general banter or conversation as this dilutes the effectiveness of the comments section.

We strive to make the 702 community a safe and welcoming space for all.

702 reserves the right to: 1) remove any comments that do not follow the above guidelines; and, 2) ban users who repeatedly infringe the rules.

Should you find any comments upsetting or offensive you can also flag them and we will assess it against our guidelines.

702 is constantly reviewing its comments policy in order to create an environment conducive to constructive conversations.

Read More
80-year-old Julia's latest 'My African Conquest' installment

80-year-old Julia's latest 'My African Conquest' installment

Julia is back in Cape Town briefly and caught up with CapeTalk's John Maytham.

Transport regulator boots Uber from London

Transport regulator boots Uber from London

The move affects more than 40 000 drivers, who will make their last trips on 30 September.

Holomisa: ANC mistaken, it did not win secret ballot ruling

Holomisa: ANC mistaken, it did not win secret ballot ruling

UDM leader Bantu Holomisa says that Baleka Mbete's arrogance and blind loyalty to the ANC and Zuma has put them in this mess.

DA could take Mbete's decision on review if she doesn't grant secret ballot

DA could take Mbete's decision on review if she doesn't grant secret ballot

DA Federal Leader, James Selfe says Chief Justice Mogoeng Mogoeng's ruling was the right one and the party welcomes it.

Concourt makes it impossible for Mbete not to adopt secret ballot - analyst

Concourt makes it impossible for Mbete not to adopt secret ballot - analyst

Professor Somadoda Fikeni says Speaker will have to provide a superior argument not to approve the voting through secret ballot.

ANC caucus will not vote against President  - ANC Chief Whip #SecretBallot

ANC caucus will not vote against President - ANC Chief Whip #SecretBallot

Jackson Mthembu says voting the President out of power is in the interest of the DA.

Popular articles
Why the PAC wants South Africa renamed Azania

Why the PAC wants South Africa renamed Azania

Pan Africanist Congress's Narius Moloto explains why it supports the name Azania, a word which he says has Arabic origins.

Opinion:  Bishop Lekganyane is right

Opinion: Bishop Lekganyane is right

Stephen Grootes weighs in on comments made by the Zion Christian Church Bishop at the weekend.

Getting to know MP, Dr Makhosi Khoza

Getting to know MP, Dr Makhosi Khoza

Dr Khoza is admired by South Africans for her role in the SABC inquiry as a ANC member of parliament.

Who is Advocate Tembeka Ngcukaitobi?

Who is Advocate Tembeka Ngcukaitobi?

The EFF lawyer stole the show during the state capture report court battle.

How to make your first million

How to make your first million

Warren Ingram discusses his new book in which he shares practical ways for ordinary people to achieve financial freedom.

Meet the founder of Capitec Bank, named ‘Best Bank on Earth and Cheapest in SA’

Meet the founder of Capitec Bank, named ‘Best Bank on Earth and Cheapest in SA’

Michiel le Roux speaks about the fascinating story behind the little bank that has the Big 4 shaking in their boots.

3 easy questions could bag you R2000!

3 easy questions could bag you R2000!

WIN R2000! But only if you can prove you're a whiz of the MTN Biz Quiz by answering the following three questions...

Blesserfinder: Matching you with a sugar daddy near you

Blesserfinder: Matching you with a sugar daddy near you

Is social trend Blesserfinder, where girls are allegedly matching up with rich 'benefactors' in exchange for sex, a real thing?