Mothapo also said a secret ballot would also be almost impossible to administer, given that most MPs were connected to sittings of the house via virtual platforms or working from home due to Covid-19.
“In making a decision, the speaker must therefore consider the constitutional imperatives of transparency, openness and public participation, on one hand, and ensure MPs can exercise their functions without intimidation or hardship on the other hand,” said Mothapo.
“The Constitutional Court in 2017 indicated that a secret ballot becomes necessary where the prevailing atmosphere is toxified or highly charged.
“The ATM has not offered proof of a highly-charged atmosphere, intimidation of any member or any demonstrable evidence of threats against the lives of members and their families, which may warrant a secret ballot.
ATM threatens legal action over secret Cyril Ramaphosa no confidence ballot
“As public representatives of the electorate, members are not supposed to always operate under a veil of secrecy. Considerations of transparency and openness sometimes demand a display, as the Constitutional Court asserted, of ‘courage and resoluteness to boldly advance the best interests of the members of the [National Assembly], no matter the consequences, including the risk of dismissal for non-compliance with the party’s instructions’.
“The speaker was also mindful 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 event render the practicalities of a secret ballot very challenging.”