Parliament, Thursday 26 November 2020 – The National Assembly Programme Committee has scheduled a motion of no confidence in the President, proposed by the African Transformation Movement (ATM), for debate on 3 December.
The motion is scheduled in terms of Section 102 of the Constitution, which provides that if the NA, by a vote supported by a majority of its members, passes a motion of no confidence in the President, the President and other members of the Cabinet and any Deputy Ministers must resign.
In terms of the Rules of the Assembly, the Speaker, after proper consultation and once she's satisfied that the proposed motion is compliant, must schedule it for debate and voting within a reasonable period of time given the program of the House.
The motion will be debated and voted on in a hybrid sitting of the House through an open ballot.
A request by the ATM to have the motion voted on by way of a secret ballot was declined by the Speaker. Section 1(d) of the Constitution sets “openness” as a fundamental principle for our democracy. The Constitution also instructs the NA to conduct its business in an open manner.
The Constitutional Court has indicated that a secret ballot becomes necessary where the prevailing atmosphere is toxified or highly charged. The Speaker found that the ATM had not offered any evidence of a highly charged atmosphere or intimidation of any Members in the motivation for their request.
ISSUED BY THE PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA
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