CAPE TOWN, June 22 (Xinhua) -- The Constitutional Court ruled on Thursday that Parliament Speaker Baleka Mbete is empowered to conduct a vote of no confidence in President Jacob Zuma by secret ballot.
The ruling allows Mbete to decide whether to hold a motion of no confidence in Zuma by secret ballots.
Mbete argued earlier that she didn't have the discretion or is under no obligation to allow for a secret ballot. She also indicated that she has never been opposed to a secret ballot.
"The Speaker says that neither the Constitution nor the rules of the National Assembly allow her to authorize a vote by secret ballot. To this extent, she was mistaken," Chief Justice Mogoeng Mogoeng said in the ruling.
"Our interpretation of the relevant provisions of the Constitution and the rules make it clear, that the Speaker does have the power to authorize a vote by a secret ballot in a motion of no confidence in the president," Mogoeng said.
He said Mbete's arguement "was invalid and must be set aside".
Mogoeng also made it clear the court can't decide for Mbete what decision to take, but whatever the decision, it is must be rational.
The rules have been clarified to give Mbete powers to conduct a secret ballot, she must make a fresh decision on "a proper and rational basis", given her indication that she is not opposed to a secret ballot, the court ruled.
The United Democratic Movement (UDM) approached the court in April, seeking a court order to force a secret ballot in the hope that African National Congress (ANC) MPs would be encouraged to vote against Zuma.
Several votes of no confidence against Zuma have failed in Parliament dominated by ANC MPs.
Opposition parties fielded another vote of no confidence against Zuma in April after Zuma reshuffled the cabinet, sacking Finance Minister Pravin Gordhan and other ministers.
The vote was originally set for April 18 but was postponed at the request of opposition parties pending the application for the vote to take place by secret ballot.
