Enough: Tens of thousands of citizens took to the streets on Friday to support Jacob Zuma or to call for the president’s resignation because he has failed the ANC and the people of South Africa. Photo: Delwyn Verasamy
United Democratic Movement (UDM) leader Bantu Holomisa believes President Jacob Zuma would be kicked out of office if the Constitutional Court were to declare that motions of no confidence are decided by a secret ballot.
Holomisa approached the Constitutional Court after some ANC MPs were warned by senior ANC leaders that they would face consequences if they supported the opposition’s motion.
The UDM leader has asked the court to declare that motions of no confidence must be decided by secret ballot.
The date set by the highest court for filing papers — April 21 — has resulted in opposition parties scrambling to reschedule the no-confidence motion, set down for April 18.
Last week, the ANC caucus in Parliament condemned threats against its MPs who voted with the opposition.
Some ANC MPs said they had received calls and SMSes seeking to persuade them to vote in favour of the motion of no confidence.
Holomisa has argued that a secret ballot would enable ANC MPs to vote without fear of party leaders. He said the first duty of members of Parliament was to the Constitution, not political parties.
“A secret ballot enables them to carry out this duty without fear of reprisals and removals and enables them to stay true to their prescribed oath,” said Holomisa.
This week, former presidents Thabo Mbeki and Kgalema Motlanthe weighed in on the debate, saying MPs were not beholden to their party but must vote according to the wishes of the people they served.
In a letter in The Star on Tuesday, Mbeki said: “It is obvious and logical that MPs, each elected to this position by the people as a whole, and never by individual political parties, including their own, must act in Parliament as the voice of the people, not the voice of the political parties to which they might belong.”
Democratic Alliance federal chairperson James Selfe said his party supported the UDM’s application to allow for the secret ballot because there was a clear and present danger to ANC MPs who wanted to back the motion of no confidence.
Parliamentary spokesperson Moloto Mothapo said on Wednesday that speaker Baleka Mbete was yet to consider opposition parties’ request to have the motion postponed.
Holomisa said his party would interdict Mbete if she rejected the proposal to postpone the motion pending the judgment on the issue of a secret ballot.
“These are two very important processes. The court’s willingness to listen to us is as important as the motion of no confidence and, as a result, we cannot have both processes running concurrently. If [the speaker] denies this request we will interdict her,” said Holomisa.
Mothapo earlier told the Mail & Guardian that parliamentary rules did not allow the speaker to postpone the date of the motion, unless it was withdrawn by the DA.
“In terms of the rules of the house, the rules say that only a member of Parliament who has brought forward a motion has the power to withdraw it … This particular motion is brought under the leader of the opposition, Mmusi Maimane, so only he has the power to withdraw it.”
See “Concourt should find for the UDM”