High court dismisses ATM’s secret ballot application with costs

The Western Cape High Court on Friday dismissed the African Transformation Movement’s (ATM’s) application to review and set aside Parliament’s decision to decline its request to hold a motion of no confidence in President Cyril Ramaphosa by secret ballot.

The high court dismissed the application with costs after it ruled that National Assembly Speaker Thandi Modise’s decision was unimpeachable and sound.

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Acting Judge James Lekhuleni in delivering judgemnt ruled that Modise gave ATM the reasons for her decision to order an open ballot and declining the application for a secret ballot.

“Her decision is therefore unimpeachable,” Lekhuleni said.

In November last year, Modise declined the ATM’s request to have the motion voted on by way of a secret ballot.

The party, which has two seats in Parliament, then approached the high court after the speaker twice turned down its request for a secret ballot.

Modise cited Section 1(d) of the Constitution which states openness as “a fundamental principle for our democracy”.

She also said the party “had not offered any evidence of a highly charged atmosphere or intimidation of any members in the motivation for their request”.

[BREAKING] WC High Court has dismissed, with cost, ATM’s application to review and set aside Speaker’s decision to decline its request to hold motion of no confidence in President by secret ballot. Court found Speaker’s decision was unimpeachable and sound. Statement to follow. pic.twitter.com/viReK8imyP

— Moloto Mothapo (@MolotoMothapo) March 26, 2021

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