POLITICAL analyst Lukhona Mnguni, eNCA television host JJ Tabane and the New Nation Movement (NNM) have sent a legal letter to Deputy Speaker of the National Assembly, Lechesa Tsenoli, demanding that the election of the new speaker be conducted through a secret ballot.
In a letter from Mabuza Attorney’s, the three interested parties claim that ANC National Chairperson, Gwede Mantashe, allegedly gave an illegal instruction to the party’s caucus to nominate former Defence and Military Veterans Minister Nosiviwe Mapisa-Nqakula for the position of Speaker of the National Assembly.
The ANC nominated Mapisa-Nqakula to take over from Thandi Modise, who is moving to cabinet as the new Defence and Military Veterans Minister.
Several opposition parties are also understood to be opposed to the election of Mapisa-Nqakula as the new Speaker of the National Assembly.
They claim that she is not fit the role of the Speaker of the National Assembly.
Other concerned groups outside of parliament have also stated she is not fit to hold that role.
The legal letter said President Cyril Ramaphosa conflated his roles as ANC president and head of state by imposing the head of another arm of state.
“The head of the executive could actually weaken Parliament by virtue of if they’re unhappy with the members of Parliament, they simply redeploy them elsewhere because they are members of their political parties. There is a conceptual problem there from a separation of powers point.”
Should her election go ahead, the interested parties said, they would consider their legal options.
“We will have a consultation with our legal team and from there, we will decide on ways towards approaching courts of law for a review of that decision.”
Acting Chief Justice Raymond Zondo has designated Western Cape Judge President John Hlophe to preside over the sitting on Thursday at 11am.
The Economic Freedom Fighters (EFF) said on Wednesday that the red berets will not participate in the election of the Speaker of the National Assembly on Thursday.
“We have taken the correct decision to not participate in rubber stamping Mr Cyril Ramaphosa’s violation of separation of powers, which is one of the most important pillars of South Africa’s Constitutional Democratic order,” the party said in a statement.
“When he was announcing changes into the National Executive, Mr Ramaphosa said the deployment of former Defence Minister Nosiviwe Mapisa-Nqakula will be announced in due course. What this means is that Ramaphosa single-handedly removed the elected Speaker of Parliament Thandi Modise and replaced her with the former minister of Defence. For a head of the executive to chop and change Speaker of Parliament as and when he wishes undermines the spirit of South Africa’s constitutional democracy.”
Parliament’s spokesperson, Moloto Mothapo, has confirmed that the election of the new Speaker will take place at 11am.
“As provided for in the Constitution, the Chief Justice or a designated Judge must preside over the election of the NA Speaker. Acting Chief Justice Raymond Zondo has designated Judge President John Hlophe of the Western Cape Division of the High Court of South Africa to preside over this special sitting. The Acting Chief Justice has also approved rules for the election process,” Mothapo said on Wednesday.
Mothapo said in light of the required COVID-19 health and safety protocols, the sitting will happen in two venues in the NA building, including the NA Chamber and Committee Room E249. There will be a live link between the two venues.
“There will be 166 Members of Parliament (MPs) in the Members’ seats on the floor of the NA Chamber, 127 in the NA Public Gallery, 24 in the Officials’ Bay and 92 in the E249 Committee Room. At the start of the proceedings, Judge President John Hlophe will open the sitting and then call for nominations for the position of Speaker from amongst the Members of the NA.
“If there is more than one nomination, Judge Hlophe will call for the voting process to be conducted by a way of a secret ballot. Although the sitting is divided into four areas, the floor of the NA Chamber will serve as the voting station. Four voting booths have been arranged to enable four Members at a time to cast their votes,” Mothapo explained.
- Inside Politics
