Pretoria - Advocate Thembeka Ngcukaitobi has poured cold water on the claim by the African Transformation Movement (ATM) that the ANC pressured National Assembly Speaker Nosiviwe Mapisa-Nqakula to choose an open vote during the Phala Phala debate in Parliament.
The Western Cape High Court in Cape Town was hearing an application from the ATM this week, which seeks to review and set aside the speaker’s decision to compel MPs to vote openly on the adoption of the Section 89 panel’s report on the Phala Phala matter.
The report, produced by an independent panel of experts, including former Chief Justice Sandile Ncgobo, Judge Thokozile Masipa and advocate Mahlape Sello, found that President Cyril Ramaphosa had a case to answer.
However, on December 13, ANC MPs voted against the adoption of the report, defeating the opposition’s intention to institute an impeachment inquiry against Ramaphosa.
Yesterday, Ngcukaitobi defended the speaker’s decision on a question of rationality.
He told the court that during a parliamentary meeting held on December 5, the DA called for an open vote.
“On the 4th of December, the speaker made a decision that this will be an open voting procedure.
“Then on the 5th of December, the National Assembly programming committee meets. On that same day the ANC meets.
“The ANC meets after the speaker has made her decision. At the time she makes her decision she doesn’t know what the ANC NEC (national executive committee) is going to decide, which completely shows that this idea that the ANC has put undue pressure on the speaker is unfounded. The speaker acted independently,” said Ngcukaitobi.
He said the ATM only requested a secret vote after December 5.
“It’s after the 5th where the ATM essentially attempts to get the speaker to reconsider her decision. She tells them that she is not going to reconsider her decision.
“On 5 December, 2022 … Miss Siviwe Gwarube, the chief whip of the opposition, confirmed that the DA had made a request (earlier) for the adoption of a manual roll-call procedure.
“The reason advanced by the chief whip of the opposition was that for purposes of advancing accountability and transparency, it will be important for members of Parliament to pronounce their vote publicly, so that the public will know how they voted,” argued Ngcukaitobi.
He added that the DA proposal was accepted by all parties, including the ATM.
ATM legal representative advocate Anton Katz insisted that it was irrelevant what took place before December 13, where concerns were raised about the utterances of ANC officials who warned their MPs against voting for the adoption of the panel’s report.
Pretoria News