ANALYSIS: The law gives clear guidance for Mbete
If the speaker ignores this, there are many grounds for laying charges against her
To decide whether next week’s parliamentary vote of no confidence in President Jacob Zuma should be by secret or open ballot, National Assembly speaker Baleka Mbete needn’t deliberate with herself for as long as she has. Her parameters are defined by the constitutional obligation to apply the test of rationality that she’ll have to explain. But to the extent that she’s also deliberating with the ANC, in her capacity as its national chair, both she and the ANC have a real difficulty. What kicks in is the Prevention & Combating of Corrupt Activities Act, specifically at section 7, headed “Offences in respect of corrupt activities relating to members of legislative authority”. See this in the context of threats to ANC members of parliament that, should they vote with their consciences (as required by law) to support the no-confidence motion, they’ll lose their jobs. If the threat is applied — and perhaps even by having implied such a threat — the ANC itself can be open to prosecution u...
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