Holomisa threatens to interdict motion of no confidence

The United Democratic Movement has threatened to interdict next Tuesday’s vote on the motion of no confidence in President Jacob Zuma pending the Constitutional Court’s pronouncement on its bid to have the matter decided by secret ballot.

The Democratic Alliance‚ which is the sponsor of the motion of no confidence‚ has also written to National Assembly speaker Baleka Mbete requesting a postponement on similar grounds.

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The Constitutional Court on Tuesday ordered all parties intending to oppose the UDM’s application for an order on the secret ballot to file their opposing papers by the end of business on Friday April 21.

UDM leader Bantu Holomisa said he had already instructed his lawyers to write to Mbete‚ requesting a postponement of the much-anticipated special sitting on April 18 until the matter was finalised by the court.

Holomisa said that should Mbete reject his request‚ the UDM would seek an urgent court order to interdict next week’s special sitting that was convened on an urgent basis‚ with MPs recalled from their Easter recess.

The UDM is asking the court to rule whether the motion should be decided by a secret ballot‚ arguing that this should be allowed as the President is elected by MPs in this fashion.

They approached the highest court in the land after Mbete rejected their request for a secret ballot.

Holomisa said the urgency of the motion of no confidence motion needed to be "sacrificed" in order to get clarity on the secret ballot issue "once and for all".

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Parliament's spokesman‚ Moloto Mothapo‚ however said the debate would not be postponed “unless the sponsor decides to withdraw the motion”. The motion of no confidence was sponsored by the DA and it has been joined by the Economic Freedom Fighters. DA leader Mmusi Maimane said: "It is important to allow the Constitutional Court the time to determine whether the motion can be conducted by secret ballot‚ as we believe that this would materially affect the outcome of the vote itself. As soon as a decision is taken‚ the motion must be debated before the Assembly as soon as possible‚" he said.

Mothapo said that Mbete was not opposing Holomisa’s court bid but she differed with him on whether she had the power to determine if MPs could deal with the motion via a secret ballot.

“With regard to whether motions of this nature ought to be conducted by way of a secret vote‚ the speaker holds no position on the matter. Where the speaker and the UDM disagree is in relation to the powers of the speaker under the Constitution to make such a determination.”

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Mothapo reiterated that a Western Cape High Court ruling in 2015 made it clear that there was no provision in the Constitution or the rules of Parliament for motions to be voted on by secret ballot.

However‚ professor of constitutional law at the University of Cape Town‚ Pierre de Vos‚ said new rules adopted by the National Assembly last year gave much more power to Mbete.

"Because the rules have changed‚ the speaker's assertion that she has no discretion (to order a vote of no confidence) is false. The new rules say she has discretion."

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National Assembly rules number 4 and 103 respectively give the house and Mbete the authority over voting procedures for a particular sitting.

The new rules allow the speaker to alter voting procedures and for the house to suspend any rule for a specific sitting.

De Vos said the Constitutional Court was unlikely to dictate to parliament how to manage its internal arrangements.

"So the court might tell the speaker to exercise her discretion‚ but won't say how she must exercise that discretion‚" he said.

-TMG Digital/TimesLIVE