No secret ballot vote on Mkhwebane's fate

Mapisa-Nqakula had received the letters on Tuesday and Wednesday from the two parties.

The Section 194 committee has recommended her removal from office.

In terms of Section 194 of the Constitution, a majority vote of at least two-thirds is needed to remove a Public Protector from office.

"The Speaker has also considered the circumstances surrounding the section 194 enquiry and the impending removal proceedings," says Parliamentary spokesperson, Moloto Mothapo.

"The Speaker acknowledges the grounds raised by Mr. Zungula and supported by the UDM as well as the additional reasons put forward by the UDM in support of a secret ballot. The Speaker comprehensively addressed the matters raised, emphasizing the importance of following established democratic procedures and the equal voting rights of all members of the Assembly on every matter.

"The Speaker has also considered the argument that party discipline might influence members' votes but highlights that it is an inherent aspect of party politics and the current electoral system. The role of Chief Whips in directing representatives to vote in line with a party's predetermined position has been noted. However, the Speaker also noted that this does not preclude members from voting with their conscience."

Mothapo adds that Parliament may only remove a Chapter 9 office bearer on established grounds of misconduct, incompetence or incapacity and therefore any unlawful attempt by the Assembly to remove an office bearer may be subject to judicial review.

"The Speaker has considered the prevailing atmosphere in the Assembly and South Africa, finding that it is not toxic or highly charged to warrant a secret ballot. The robustness of the proceedings and the manner in which opposing views have been openly canvassed both by members and the public is seen as indicative of a healthy democracy.

"The Speaker believes that a closed voting procedure would deprive citizens, who have a significant public interest in the matter, from identifying their representatives' positions and holding them accountable. She also emphasizes that Chapter 9 office bearers are held accountable through various oversight processes of the Assembly, conducted openly and transparently, and the Section 194 proceedings itself have always been conducted in a transparent manner.

"The Speaker has found no reason to believe that any member will be bribed or exposed to corrupt activities in relation to the vote or that there were any safety concerns which may necessitate a secret ballot. The Speaker further noted that there is a basis in law to delay the debate and vote on the report which, in terms of Parliamentary Rules, has to be scheduled with due urgency."

The sitting is expected to proceed on Monday and will be conducted in terms of an open call voting procedure at a physical sitting to be held at the Cape Town City Hall at 2pm.

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