Constitutional Court Judgement on Voting by Secret Ballot on the Proposed Vote of No-confidence in the President
22 June 2017
The SACP notes and welcomes the Constitutional Court decision today on the proposed vote of no-confidence in the President. In the first place, the Court clearly ruled that the Speaker does have the powers to decide on whether such a vote should be by secret or open ballot. In so doing, the Court correctly respected the important constitutional principle of the separation of powers.
However, the Court went further in reminding MPs (all MPs regardless of their political party) that their oath of office is to the people of South Africa and not to a political party. Furthermore, the Court called on the Speaker in making a decision on the matter to rationally weigh up all factors, including the danger of money and of a climate of threats and intimidation coming into play.
These latter concerns are not without merit. Although not in the context of a parliamentary vote, the SACP over the past few years has consistently raised concerns over a climate of intolerance and even of physical violence directed at SACP members by those purporting to be from the ranks of the ANC and its affiliated structures.
ISSUED BY THE SOUTH AFRICAN COMMUNIST PARTY | SACP
FOR GENERAL ENQUIRIES ON SACP STATEMENTS CONTACT:
National Spokesperson & Head of Communications
Alex Mohubetswane Mashilo
Mobile: +27 76 316 9816
Skype: MashiloAM
CIRCULATION & MEDIA LIAISON SERVICES
Communications Officer: Media Liaison Services, Digital and Social Media Co-ordinator
Hlengiwe Nkonyane
Mobile: +27 79 384 6550
OFFICE, WEBSITE, TWITTER, FACEBOOK, USTREAM TV CHANNEL
Office: +2711 339 3621/2
Twitter: SACP1921
Website: www.sacp.org.za
Facebook Page: South African Communist Party
SACP Ustream TV Channel: http://www.ustream.tv/channel/sacp-tv
The SACP notes and welcomes the Constitutional Court decision today on the proposed vote of no-confidence in the President. In the first place, the Court clearly ruled that the Speaker does have the powers to decide on whether such a vote should be by secret or open ballot. In so doing, the Court correctly respected the important constitutional principle of the separation of powers.
However, the Court went further in reminding MPs (all MPs regardless of their political party) that their oath of office is to the people of South Africa and not to a political party. Furthermore, the Court called on the Speaker in making a decision on the matter to rationally weigh up all factors, including the danger of money and of a climate of threats and intimidation coming into play.
These latter concerns are not without merit. Although not in the context of a parliamentary vote, the SACP over the past few years has consistently raised concerns over a climate of intolerance and even of physical violence directed at SACP members by those purporting to be from the ranks of the ANC and its affiliated structures.
ISSUED BY THE SOUTH AFRICAN COMMUNIST PARTY | SACP
FOR GENERAL ENQUIRIES ON SACP STATEMENTS CONTACT:
National Spokesperson & Head of Communications
Alex Mohubetswane Mashilo
Mobile: +27 76 316 9816
Skype: MashiloAM
CIRCULATION & MEDIA LIAISON SERVICES
Communications Officer: Media Liaison Services, Digital and Social Media Co-ordinator
Hlengiwe Nkonyane
Mobile: +27 79 384 6550
OFFICE, WEBSITE, TWITTER, FACEBOOK, USTREAM TV CHANNEL
Office: +2711 339 3621/2
Twitter: SACP1921
Website: www.sacp.org.za
Facebook Page: South African Communist Party
SACP Ustream TV Channel: http://www.ustream.tv/channel/sacp-tv
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