FILE PICTURE: Chief Justice Mogoeng Moegoeng. (Photo: GCIS)
Handing down judgment in the Constitutional Court on Monday morning, Chief Justice Mogoeng Mogoeng has said that, after weighing up the issues relating to the upcoming motion of no confidence in President Jacob Zuma, the National Assembly does have the power to allow a secret ballot, but the court cannot order whether this should or should not happen.
“[The speaker has been directed] to make all the necessary arrangements to ensure a motion of no confidence is decided by secret ballot including designating a new date for the motion to be debated,” Mogoeng ruled in a unanimous judgment by all eight justices of the court.
This contradicts the submissions by Speaker Baleka Mbete, who submitted that she does not have the power to order a vote of no confidence by secret ballot.
However, it remains the call of parliament, and by implication, Mbete, whether the vote will take place by secret ballot or not. He set aside her reasoning.
Mogoeng said of the speaker’s discretion: “It’s her judgment call to make”. He made it clear, though, that she had a constitutional mandate to ensure that she takes into account the risks associated with the decision and that it cannot only be based on the needs of her party.
He ordered that both Zuma and Mbete should cover the costs of the case brought by the UDM and other parties.
More to follow.