The Supreme Court of Appeal (SCA) has set aside former National Assembly speaker Thandi Modise’s decision that ATM’s proposed motion of no confidence in President Cyril Ramaphosa should not be held by secret ballot.
The SCA has ordered that the speaker, currently Nosiviwe Mapisa-Nqakula, make a “fresh decision” on the matter. The speaker must also pay ATM’s legal costs for two counsel.
The judgment, written by Judge Trevor Gorven, with judges Xola Petse, Caroline Nicholls, Anna Kgoele and John Smith concurring, was handed down on Thursday morning.
In March, acting Judge James Lekhuleni dismissed ATM’s application to the Western Cape High Court to review Modise’s decision that voting would be done by open ballot, finding Modise had considered all the circumstances in denying ATM’s request.
Lekhuleni found the party’s reasons for a secret ballot were “speculative, contrived and based on unsupported suppositions”. However, he ruled there was no duty on
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