The Chief Justice of the Constitutional Court, Mogoeng Mogoeng has ruled that the speaker of the National Assembly, Baleka Mbete has the powers to authorize a secret ballot.
The UDM has been granted direct access to the Constitutional Court and Speaker Baleka Mbete and President Zuma have been ordered to pay the legal costs of the EFF, UDM, IFP, and COPE.
According to Justice Mogoeng, if the will of the political parties were always to prevail, the Constitution would have required of political parties to determine which way they want to vote on issues.
The Constitutional Court has clarified that the secret ballot powers rest entirely on the speaker of the National Assembly.
"The National Assembly is at large to exercise its powers on Section 51, the powers to decide on the appropriate procedure in terms of which to vote on the motion." Said Justice Mogoeng.
Mogoeng added that it would be overstepping their powers, for them to order a secret ballot.
The Chief Justice has emphasized that there should be accountability by the members of the National Assembly.
In addition the Chief Justice emphasized the point the power should be exercisable subject to crucial factors that are tested with Constitutionality.
The UDM filed an application with the court after Mbete said the current rules of Parliament do not permit a vote of no confidence by secret ballot.
She, however, said she was not in principle opposed to a secret ballot.
In her affidavit, she asks the court to make a finding on the constitutionality of the parliamentary rules so that they can be redrafted, if necessary.
