CLARIFICATION OF PARLIAMENTS POSITION ON CALL FOR SECRET BALLOT ON

MOTION OF NO CONFIDENCE

Tuesday, 11 April 2017 - An incorrect impression has been created in the media that
Parliament intends opposing the Constitutional Court application by the United Democratic
Movement (UDM) to have voting on the Motion of No Confidence conducted through a
secret ballot. This is not entirely true, and does not reflect the position of Parliament
articulated in the statement issued on Monday, 10 April.

We wish to state that, with regard to whether motions of this nature ought to be conducted
by way of a secret vote, the Speaker of the National Assembly holds no position on the
matter. Where the Speaker and the UDM disagree is in relation to the powers of the Speaker
under the Constitution to make such a determination.

Section 102 of the Constitution, which outlines the procedure for motions of no confidence,
makes no provision for voting to be conducted through a secret ballot. Similarly, the rules of
the National Assembly do not provide for secret voting. In 2015 the Western Cape High
Court dismissed an application which sought to force the National Assembly to vote on a
motion of no confidence by secret ballot. The court ruled, among others, that there was no
implied or express constitutional requirement for voting by secret ballot in motions of no
confidence in the President.

The Speaker has sworn to uphold the Constitution and thus all her decisions must have
basis in law and the Rules of the House. Therefore, acceding to the request of the UDM
would have been unconstitutional, as she does not enjoy such powers in the Constitution.

This is the position the Speaker will advance when the matter is scheduled in the
Constitutional Court. This, however, does not suggest opposition to the principle of a secret
ballot on motions of this nature.

ISSUED BY THE PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA

Enquiries: Moloto Mothapo 082 370 6930