National Assembly Speaker Nosiviwe Mapisa-Nqakula has turned down a request by the African Transformation Movement (ATM) to use secret ballot when parliament votes on the Section 89 Independent Panel’s report.
The request was brought by the ATM on December 1 after the panel found that President Cyril Ramaphosa may have a case to answer to for the theft of millions of US dollars at his Phala Phala farm in Limpopo in February 2020.
The panel found that Ramaphosa may have violated multiple clauses in the constitution including a violation of the Prevention and Combating of Corrupt Activities Act, which governs bribery and corruption prevention, and section 96(2) of the constitution.
It also found that the president committed serious misconduct by conflicting his private life and his official responsibilities.
In light of the findings, the National Assembly announced last week that it will debate the matter on Tuesday, after the report has been processed. During the sitting, MPs will be expected to vote on a Section 89 impeachment against Ramaphosa.
In a statement on Monday, parliament spokesperson Moloto Mothapo said Mapisa-Nqakula concluded that using secret ballot to vote will deprive natives a chance to identify the positions of their representatives “across party lines”. Mapisa-Nqakula is concerned that this may also lead to corruption.
“In her letter to the ATM president, the speaker said she believes that a closed voting procedure will deprive the citizens of identifying the positions of their representatives across party lines, and that this may facilitate the possibility of corruption aimed at influencing members to vote in a manner where they will be shielded from accountability to the people they represent for the exercise of their constitutional duty,” Mothapo said.
“The speaker also said she had to balance Mr Zungula’s reasons for a secret ballot procedure against other imperatives, including the foundational constitutional principle of ‘openness’, as set out in section 1[d] of the constitution, which guides SA democratic order.
“Furthermore, the speaker said the constitutional requirement, as set out in section 59[1][b], that the National Assembly must conduct its proceedings in an open manner was also an important consideration in this case.”
Mapisa-Nqakula said it is important for the national assembly to handle this matter in an open and transparent manner to retain public trust.
“She believes that the constitutional imperatives set out above were equally compelling for the National Assembly to uphold when considered against her assessment of the prevailing political atmosphere in the country at present.
“An open and transparent procedure followed by the National Assembly to exercise this important decision on the Section 89 Independent Panel report can only bring about public trust and confidence in the National Assembly and our democratic dispensation.”
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