IN-DEPTH
Why the secret ballot decision was the only rational choice
The recent Constitutional Court case highlights several tensions intrinsic in SA’s constitutional democracy, writes Lwando Xaso
The recent secret ballot case decided by the Constitutional Court highlights several tensions intrinsic in the design of SA’s constitutional democracy. The most contentious of these is the dual responsibility of MPs as representatives of the electorate and, simultaneously, their political parties. In the judgment, the Constitutional Court confirms that the speaker of the National Assembly has the power to authorise a secret ballot in the vote of no confidence in the president. More importantly, the judgment sets out a number of factors that the speaker must take into account when making that decision. One of these is Baleka Mbete’s impartiality, since she is also the chairwoman of the ANC, of which President Jacob Zuma is the leader. This highlights the dual responsibility not only of the speaker but of all MPs, who essentially serve two masters: the people and their parties. Section 42(3) of the Constitution states that the "National Assembly is elected to represent the people and ...
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