ATM wins leave to appeal secret ballot ruling - The Mail & Guardian

The Western Cape high court on Friday granted the African Transformation Movement leave to appeal its earlier ruling dismissing the tiny opposition party’s bid to overturn speaker Thandi Modise’s refusal to call a secret ballot on a motion of no confidence in President Cyril Ramaphosa.

The motion of no confidence the ATM filed in February last year is the first Ramaphosa faces in his three years as president, in contrast to the many weathered by his predecessor, Jacob Zuma. Modise’s stance has been that the default position is that voting is open, and that anybody who wishes to persuade her otherwise in a particular case bore an onus of proof to be met before the request could be granted., Lukheleni in his judgment in late March rejected this argument by the speaker’s counsel.

Katz went further and argued that the high court erred in holding that the constitutional court found in a case brought by the United Democratic Movement, while Jacob Zuma was president, that the default position is that motions of no confidence against the president must be decided by open ballot.

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