ConCourt judgement opens legal spaces for opposition parties

Constitutional law expert, Pierre de Vos, says that the ruling party has placed new obligations on the Speaker of Parliament. Whereas, the Constitutional Court says that the Speaker does have the power to decide whether to hold a secret ballot on a motion of no confidence in the president. 

However, the court refused to order Baleka Mbete to do so, saying that it would be a breach of the separation of powers. It did give a detailed explanation about how the Speaker should decide when to make use of a secret ballot. 

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De Vos says that the Speaker is now obliged to apply these principles, or risk a legal challenge to her decision.

"The Speaker had to exercise the power rationally, given the guidance that was given by the constitutional court. Having to make sure that the end decision she takes, is going to actually allow the members of the national assembly to play their accountability role," he said.

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