Al Jama-ah councillor Kabelo Gwamanda has formally called for the upcoming motion of no confidence against Johannesburg Mayor Dada Morero to be conducted by secret ballot, citing concerns over intimidation and the need to protect councillors’ freedom of conscience.
In a memorandum addressed to Speaker of Council Margaret Arnolds, dated January 16, the former Johannesburg mayor argues that the highly “charged political” environment surrounding the motion necessitates additional safeguards to ensure a free and fair decision-making process.
Gwamanda notes that the Standing Rules and Orders of Council place a duty on Arnolds to act impartially. And to also protect the integrity of council proceedings. He emphasised that councillors must be able to carry out their constitutional responsibilities without fear, coercion, or undue political pressure.
Challenging Speaker to grant motion
“The Speaker is entrusted with ensuring that the council conducts its business in a manner that is fair, democratic, and free from intimidation,” stated Gwamanda.
He further references Section 160(1)(b) of the Constitution. It requires that council decisions be taken by a majority of votes cast. But it does not prescribe the manner in which voting must occur.
According to Gwamanda, this gives municipal councils the discretion to adopt procedures, such as a secret ballot, that best advance democratic principles.
The memorandum also points to court rulings that have recognised the constitutional permissibility of secret ballots. Particularly in circumstances where there is a reasonable risk of intimidation or political reprisal.
Gwamanda argues that a secret ballot would protect councillors from victimisation. It will also allow them to vote honestly and according to their conscience. And will enhance the credibility and legitimacy of the outcome of the motion.
Secret ballot ‘free and fair’ option
“In the prevailing political climate, a secret ballot is the most appropriate mechanism to ensure a free and fair decision,” he writes.
The motion has been proposed by Gwamanda and seconded by the United Democratic Movement. But it comes at a time when there are factional battles playing out in the ANC.
The parties accuse Morero of poor service delivery and failing to consult coalition partners on key decisions.
Despite this, ANC Johannesburg Secretary Sasabona Manganye made assurances that the party’s councillors will support Morero.
“It was prudent for Comrade Dada Morero to continue serving as executive mayor. Comrade Morero is an ANC deployee, accountable to the people of Johannesburg through the ANC. And to the democratically elected leadership of the 16th regional conference,” he said on Monday.
Minority parties wanted to boot Morero out late last year. But the motion was later withdrawn by Gwamanda after the intervention of coalition partners.
Last week, former Johannesburg Executive Mayor Thapelo Amad was announced City of Joburg MMC for Community Development.
