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Parliament has been served with papers by the United Democratic Movement (UDM) seeking direct access to the Constitutional Court for a secret ballot on the motion of no confidence in the President of the Republic.

The Speaker announced last Wednesday (5 April) that the motion of no confidence in the President would be scheduled for debate in the National Assembly on Tuesday 18 April at 14.00. This followed several letters from political parties represented in the National Assembly for such a motion to be scheduled urgently.

After this announcement, on 6 April, the Speaker received a letter of demand from attorneys representing the UDM for a vote of no confidence in the president to be done by a way of a secret ballot.

Voting procedures in the Assembly are determined by the Constitution and the Rules of the Assembly. Neither the Constitution nor the Rules of the Assembly provide for a vote of no confidence to be conducted by secret ballot, and the Speaker has no authority in law to alter such provisions.

In 2015 the Western Cape High Court dismissed an application which sought to force the National Assembly to vote on a motion of no confidence by secret ballot. The court ruled, among others, that there was no implied or express constitutional requirement for voting by secret ballot in motions of no confidence in the President.

Issued by Parliament of the Republic of South Africa