"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:


Recommended

by NEWSROOM AI

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
ConCourt to rule on law that governs the right to protest

ConCourt to rule on law that governs the right to protest

Civil rights groups claim that the Regulation of Gatherings Act limits and criminalises peaceful protest through intimidation.

[LISTEN] Fears that new deal with Cape Town brewery may monopolise SA craft beer

[LISTEN] Fears that new deal with Cape Town brewery may monopolise SA craft beer

A Cape Town-based brewing company and The Tap Room have signed a deal to buy around 700 installed draught taps around SA.

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
[LISTEN] ANC Tshwane says it has documented proof of corruption in the metro

[LISTEN] ANC Tshwane says it has documented proof of corruption in the metro

The Tshwane ANC says it has evidence that Mayor Solly Msimanga is central to several irregular appointments in his administration.

Pieter-Dirk Uys gets serious about money (‘Evita is my pension!’)

Pieter-Dirk Uys gets serious about money (‘Evita is my pension!’)

The Money Show’s Bruce Whitfield interviews Uys about his attitude toward money (hopes and fears, successes and failures, etc.).

'Almost alcoholics' - the blurred lines between social drinking and alcoholism

'Almost alcoholics' - the blurred lines between social drinking and alcoholism

Sobriety advocate Janet Gourand explains the differences between the social drinker and an almost alcoholic.

[LISTEN] White callers debate privilege and response to apartheid

[LISTEN] White callers debate privilege and response to apartheid

Two white callers, Matt and Stephanie, disagreed on how white people should respond to apartheid as Eusebius McKaiser facilitated.

More than 30% of students go hungry

More than 30% of students go hungry

Dr Stephen Devereux says a large number of black students are more vulnerable than their white counterparts.

[WATCH] Safari that could have gone horribly wrong as buffalo charges vehicle

[WATCH] Safari that could have gone horribly wrong as buffalo charges vehicle

Khabazela shares some tweets, Facebook posts and videos that have gone viral.

[WATCH] Is it a cow's penis or an udder? Well, this kid thinks it's a penis

[WATCH] Is it a cow's penis or an udder? Well, this kid thinks it's a penis

Check out the videos, tweets, Facebook posts that have gone viral and why this kid cheered her dad on in the toilet.