African Transformation Movement v Speaker of the National Assembly and Others (643/2021)
African Transformation Movement v Speaker of the National Assembly and Others (643/2021) [2021] ZASCA 164; [2022] 1 All SA 615 (SCA); 2022 (4) SA 409 (SCA) (2 December 2021)
The Supreme Court of Appeal held that the Speaker of the National Assembly misconstrued the nature of her discretion by imposing an onus on the African Transformation Movement to justify a secret ballot for a motion of no confidence in the President. The Speaker's approach was fundamentally flawed, as the Constitutional Court has made clear that no such onus exists and that the discretion must be exercised afresh in each situation, considering all relevant circumstances. By asking the wrong question and failing to properly apply her mind to the merits, the Speaker's decision was vitiated by i…
Source excerpt
- Rationality Review
- Motions Of No Confidence
- Secret Ballot
- Parliamentary Procedure
- Discretion Of Speaker