ATM’s no-confidence motion against Ramaphosa postponed

Proceedings got underway on Wednesday with MPs arguing over the motion to go ahead or not amid the African Transformation Movement’s (ATM’s) court challenge on the secrecy of the ballot.

The ATM had refused to participate in the debate and voting in the motion, arguing that the matter cannot proceed because it was sub judice as per the rules of Parliament.

“Number one, we are not proceeding. Number two, we are not withdrawing up until this matter is finalized by the court,” ATM president Vuyo Zungula said during the proceedings.

Zungula was backed by Economic Freedom Fighters (EFF) deputy president Floyd Shivambu.

Democratic Alliance (DA) chief whip Natasha Mazzone insisted that the ATM misread Parliament’s rules on sub juice matters, and the motions must go ahead.

Meanwhile, IFP MP Narend Singh suggested that the ATM’s motion be referred to the Programming Committee to discuss the matter, which National Assembly Speaker Nosiviwe Mapisa-Nqakula supported.

“Parties having made their comments I now rule that we are not prcoeeding on this matter mand the details of what we do next will be dealt with tomorrow at the Programming Committee,” Mapisa-Nqakula said.

Earlier in the proceedings, the Speaker said Parliament’s legal services advised her that the motion must proceed as planned because the matter is not sub judice as argued by the ATM.

Secret ballot

On Monday, the Western Cape High Court’s Judge Rosheni Allie struck the ATM’s urgent application off the roll due to a lack of urgency.

The ATM had approached the Western Cape High Court, seeking an order to declare Mapisa-Nqakula’s decision to reject the party’s request for a secret ballot unconstitutional and invalid.

Earlier this month, the Speaker ruled that an open ballot, rather than a secret ballot, will be held for the motion.

She had repeatedly defended her decision to reject the ATM’s request, saying it was lawful because the Speaker had discretion to decide on the secret ballot as per the Rules of the National Assembly.

The ATM had resubmitted their motion of no confidence application to Parliament following a ruling delivered by the Supreme Court of Appeal (SCA) in December 2021.

The party had been granted leave to appeal the Western Cape High Court’s judgement in the SCA.

The High Court previously ruled in favour of former National Assembly Speaker Thandi Modise, who decided not to grant the ATM’s request to hold the no-confidence motion by way of a secret ballot.

The ATM then sought to have Modise’s decision reviewed and set aside.

However, the SCA found that Modise misunderstood her discretion on the secret ballot.

The motion targeted Ramaphosa’s leadership over the sealing of his bank statements related to his 2017 campaign for the ANC presidency, among other things.