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The Motion of No Confidence
The Motion of No Confidence
In United Democratic Movement v Speaker of the National Assembly and Others 2017
(5) SA 300 (CC), the Speaker of the National Assembly desired that the vote on a
motion of no confidence in the President be conducted by secret ballot, so UDM sought
direct access to the CC to determine whether the Constitution and the Rules of the
National Assembly require, permit, or prohibit the Speaker from directing that a vote
on a motion of no confidence in the President be conducted by secret ballot. 1The
Court then ruled that the Speaker has the constitutional authority to require secret
ballot voting in a motion of no confidence in the President. It overturned the Speaker's
decision of 5 April 2017 to deny the use of a secret ballot and remanded the UDM's
request for a new decision to the Speaker for reconsideration. This means that the
president's vote on a motion of no confidence can be held in parliament and also by
secret ballot.2
1
United Democratic Movement v Speaker of the National Assembly and Others 2017 (5) SA 300 (CC)
2
United Democratic Movement v Speaker of the National Assembly and Others