Johannesburg - The Constitutional Court has left it up to National Assembly Speaker Baleka Mbete to decided whether to conduct a no confidence vote in President Jacob Zuma through a secret ballot.
Chief Justice Mogoeng Mogoeng read out the judgment on Thursday saying Mbete was wrong when she claimed she did not have the powers to allow for a secret ballot vote.
He said the Constitutional Court did not have the power to order the speaker to make such a decision.
Mogoeng set out some avenues on what Mbete should consider when weighing whether or to allow such a vote.
Mogoeng: To order the Speaker to allow for a #SecretBallot would trample the rule of separation of powers. @IOL
— Zintle (@ZintleMahlati) June 22, 2017
Picture: Zintle Mahlati/ANA Pictures
Mbete had argued that she had no issue with a secret vote, but she had no powers to do so.
The case was brought by the UDM, EFF, COPE and civil society organizations in May.
The UDM argued that ANC MPs would be intimidated and faced party pressure if the vote was not done in secret.
Mogoeng says it's up to National Assembly, through speaker, to allow for a open vote or a #SecretBallot in no confidence vote. @IOL
— Zintle (@ZintleMahlati) June 22, 2017
Mogoeng in his ruling said MPs were not bound to their parties and were instead there to serve the public as elected officials.
Mbete would have to ensue that MPs are protected.
Political parties react to ConCourt judgement on #SecretBallot. They are all pleased. @IOL pic.twitter.com/1OdV7eZ6I1
— Zintle (@ZintleMahlati) June 22, 2017