Political Analyst and public law lecturer Professor Richard Calland breaks down the possible scenarios leading from Thursday's ConCourt judgment.
This after The Constitutional Court ruled tat National Assembly Speaker Baleka Mbete has the power to decide on a secret ballot in a vote of no-confidence in President Jacob Zuma.
An application by the United Democratic Movement (UDM) to hold a secret ballot in a motion of no confidence against President Jacob Zuma was filed in May and judgment was handed down by Chief Justice Mogoeng Mogoeng in the Constitutional Court on Thursday 22 June.
Speaker Baleka Mbete must now decide on whether to hold a secret ballot or not.
But they (ConCourt) made it clear that she can't do so for subjective or arbitrary reasons....and mindful of her Constitutional responsibilities and Parliamentary duties to hold Executive to account.— Professor Richard Calland, political Analyst and public law lecturer
They have made it clear that if she were to decide against a secret ballot, that decision would be reviewable.— Professor Richard Calland, political Analyst and public law lecturer
She has a tough decision, he says, especially as she has a conflict of interest as ANC national chair on the one hand, and Parliamentary Speaker on the other.
A theory posited is she is likely to opt for a public vote, it will be taken on review, but by the time it is resolved it will be beyond the December ANC conference and so court decision becomes moot.
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