Representing the United Democratic Alliance (UDM), advocate Dali Mpofu has argued that the National Assembly rules 103 and 104 are clear that the Speaker has the discretion to determine the voting procedure to be followed for any vote.
The party presented its argument in the Constitutional Court on Monday.
It wants the court to find that Parliament must hold a secret ballot in a motion of no confidence against President Jacob Zuma, but the National Assembly Speaker argues that the rules of Parliament make no such provision.
Clement Manyathela has been following developments on the case.
One of the things that some of the justices raised was, they wanted the legal councils representing the various political parties to explain why the Constitution explicitly prescribes this secret ballot in specific situations but is actually silent in a motion of no confidence vote.— Clement Manyathela, EWN reporter
They were not entirely convinced from some of the arguments presented by Advocate Dali Mpofu and that is why they wanted the advocate to explain a lot on that.— Clement Manyathela, EWN reporter
Mogoeng Mogoeng was also very careful, he suggested that it was unwise for the court to be embroiled in claims of intimidation and said they are more interested in looking at the interpretation of the law.— Clement Manyathela, EWN reporter
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This article first appeared on 702 : Secret Ballot: "Judges seemed unconvinced by Mpofu's arguments"