Are members of parliament constitutionally obliged to obey their conscience, rather than their whip, when called to hold the executive to account?
The question was debated between a full bench of the Western Cape high court and counsel for the African Transformation Movement (ATM), which is asking the court to set aside the National Assembly’s vote to reject the report that recommended President Cyril Ramaphosa face an impeachment inquiry.
The ATM contends that the vote is vitiated by speaker of the National Assembly Nosiviwe Mapisa-Nqakula’s refusal to allow MPs to vote by secret ballot.
On the party’s argument, her decision was irrational because the political climate was so toxic, a fortnight before Ramaphosa was seeking re-election at the ANC’s elective conference, that ruling class MPs risked expulsion, or worse, if they supported the Ngcobo report.
Justice Daniel Thulare suggested the ATM was on a fishing expedition because its submission that ANC members were too fearful to vote according to their conscience had no probative value. Only ruling party members could say whether they were in fact intimidated into adopting a position not in line with their integrity.
Instead, he added: “We have a very loud silence from the ANC.”
Support the journalism that helps you navigate your world
Looking for another offer?
