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Mothapo also said that a secret ballot would also be almost impossible to administer, given that the majority of MPs were connected to house sessions via virtual platforms or working from home due to Covid-19.
“When making a decision, the speaker must consider the constitutional imperatives of transparency, openness and public participation, on the one hand, and ensure that parliamentarians can perform their functions without intimidation or difficulties, on the other hand,” Mothapo said.
“The Constitutional Court in 2017 indicated that a secret vote is necessary where the prevailing atmosphere is intoxicated or highly charged.
“The ATM has offered no evidence of a highly charged atmosphere, intimidation of any member, or any demonstrable evidence of threats to the lives of members and their families, which may justify a secret ballot.
“As public representatives of the electorate, members are not always supposed to operate under a veil of secrecy. Considerations of transparency and openness sometimes call for a demonstration, as the Constitutional Court stated, of ‘courage and determination to courageously promote the best interests of members of the [National Assembly], regardless of the consequences, including the risk of dismissal for failure to comply with the party’s instructions ”.
“The speaker was also aware that the current virtual or hybrid sessions of the National Assembly, which are part of the institutional measures to combat the spread of Covid-19, would in any case make the practicalities of a secret ballot very challenging. “.
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