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Parliament, Wednesday, 16 February 2022- The Speaker of the National Assembly, Ms Nosiviwe Mapisa-Nqakula, has declined the African Transformation Movement’s (ATM) new request for a closed vote in a motion of no confidence against the President in terms of section 102 of the Constitution of the Republic of South Africa.
The ATM had, in its latest letter, dated 11 February 2022, requested the Speaker to reconsider its request following the ruling of the Supreme Court of Appeal (SCA) in December 2021. The SCA had set aside the previous decision of the Speaker to decline the request for a secret ballot on the proposed motion of no confidence due to the process followed in arriving at a decision.
Speaker Mapisa-Nqakula has carefully considered both the latest correspondence and the issues raised in the ATM’s letters, dated 7 December 2021 and 11 February 2022.
In arriving at her decision, the Speaker has considered the guidance contained in the 2017 Constitutional Court Judgment, in the case between UDM’ vs Speaker of the National Assembly and others. Paragraph 88 of the Constitutional Court’s Judgement in the matter states that:
“There must always be a proper and rational basis for whatever choice the Speaker makes in the exercise of the constitutional power to determine the voting procedure. Due regard must always be had to real possibilities of corruption as well as prevailing circumstances and whether they allow members to exercise the vote in a manner that does not expose them to illegitimate hardships. Whether the prevailing atmosphere is generally peaceful or toxified and highly charged, is one of the most important aspects of that decision-making process”.
In assessing the prevailing atmosphere, the Speaker took into account, among others, the following factors:
- The country recently held free and fair local government elections a mere month before the re-submission of the ATM’s request for a vote of no confidence in the President.
- In the same vein, the President delivered his State of the Nation Address to the county on 10 February 2022 in an atmosphere that allowed all political parties to freely debate matters of national importance over two days. The robust debate does not point to a toxic environment but confirms that members can express themselves without fear or favour.
- The ATM’s request is coming when the President has received and immediately shared with the public the first two reports of the State Capture Commission, allowing for processes to unfold to deal with the findings and recommendations set forth therein.
- Speaker further considered and reflected on the suspension of Mr Dirks, MP, and came to a conclusion that Mr Dirks will have the full benefit of the law in defending his rights.
- The other factor is the contestation amongst candidates leading up to the electoral conference of the ruling party in December.
Speaker found nothing that suggests that violence or any other threat prevails at this time in respect of any of these circumstances, beyond what are normal tensions in a democracy.
The Speaker is satisfied that these factors do not lead her to conclude that openness and transparency should not prevail, as they are, in her view, events that do not point to a toxified and highly charged atmosphere, but rather events that can only take place if all systems are generally functioning within our constitutional democracy.
Speaker reiterates that no political environment will be entirely free of political tensions between or within parties. “This has been the most important consideration. I am aware that political contestation exists within the governing party, of which the President is the national leader. It is not unusual for such tensions to exist in political parties. However, the court has emphasized that whether an open or secret voting mechanism is used, remains at the discretion of the Speaker. It stressed that the circumstances will dictate the decision, which suggests that both mechanisms are permissible,” Speaker stated.
To give effect to this responsibility, the Speaker has had regard to all the objective or discernible information and considered that the prevailing atmosphere is not toxified or so highly charged that members of the Assembly would be prevented from exercising their vote on such a motion in accordance with the conscience in an open procedure. “I’m not aware of any threats to the lives or property of any members of the Assembly resulting from their exercise of their duties as members of the Assembly, to lead me to the conclusion that the circumstances warrant a departure from the Constitutional foundation principles of openness and transparency,” Speaker concluded.
With respect to the scheduling of the proposed motion, following the SCA proceedings, the Speaker will request the Programme Committee to schedule the motion as soon as she has concluded the consultations prescribed by the Rules of the National Assembly.
The Speaker has also received a draft motion of no confidence in the Executive, excluding the President, proposed by the Leader of the Official Opposition. She is applying her mind to it, and she will communicate her decision in due course.
ISSUED BY THE PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA
Enquiries: Moloto Mothapo 082 370 6930
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