Cape Town - Opposition parties are heading to court to review the decision of National Assembly Speaker Nosiviwe Mapisa-Nqakula to refuse to allow a secret ballot on the adoption of the Section 89 panel report.
On Tuesday, the ATM became the second party after the EFF to indicate that it would seek judicial review on the voting via roll call and refusal to investigate President Cyril Ramaphosa.
On Tuesday, Mapisa-Nqakula stood her ground when parties requested her to reconsider her decision and during the vote majority decided to not pursue impeachment proceedings.
Her stance prompted the EFF to state on record at the special sitting that they did not agree with the approach on the roll call vote and that they would subject the process to judicial review.
The red berets said they could not sit by while Mapisa-Nqakula was complicit in the intimidation of MPs and undermining the ability of members to vote in accordance with the oath office they have taken.
EFF leader Julius Malema said they needed an independent court of law to come to a determination on the matter.
Malema questioned the point of establishing the three-member independent panel which found that Ramaphosa has a case to answer on the Phala Phala saga.
“Instead of looking for answers, we ran away from looking for the answers. The job of Parliament is to look for answers from the executive. We refused to hold the executive accountable by rejecting the independent panel.
Malema confirmed that they would approach the court on an urgent basis.
“We will make sure within the next week we file papers and challenge this irrational decision,” he said.
ATM leader Vuyo Zungula said the decision not to grant a secret ballot was irrational.
“We are definitely going to court to say the voting method that was done was unlawful. The decision not to grant a secret ballot was irrational,” Zungula said.
He also said the decision by the National Assembly not to investigate Ramaphosa, whom the Section 89 panel said has got to answer, was irrational.
Zungula also said apart from approaching the court, they would proceed to use existing parliamentary committees to make sure Ramaphosa was held accountable.
“It is critical that as MP we don’t turn back. We are to continue to ensure Mr Ramaphosa has to account for everything that he does as the state president ...
“If he wants to remain as the president of the country, he must subject himself to Parliament to hold him accountable,” he said.
Yesterday, ATM spokesperson Zama Ntshona said: “Various threats including death threats were levelled against Members of Parliament in anticipation of their vote to support the adoption of a report that would give to an impeachment inquiry into the conduct of the President, and such threats were brought to the attention of the Speaker and she chose to blatantly ignore such threats amid calls for a secret ballot. It is for this reason that the African Transformation Movement will be seeking legal remedies to this situation, to ensure that the protection of all Members of Parliament and the impartiality of the Speaker is prioritized at all times.”
Meanwhile, PAC leader Mzwanele Nyhontso said his party would hold a national working committee on Monday to decide whether to join other opposition parties in court.
“The ANC may have won on the day, but we won a moral victory. We stand on the right side of history,” Nyhontso said.
Cape Times