Mk Party
By Nkosana Khumalo
The uMkhonto weSizwe Party (MK Party) cites Constitutional Court precedent in its bid for a secret ballot on the motion of no confidence against President Cyril Ramaphosa to safeguard Members of Parliament (MPs) from potential reprisal.
Details of the Request
On Friday, the party’s parliamentary leader, Dr John Hlophe, wrote to National Assembly Speaker Thoko Didiza, urging her to exercise discretion in allowing MPs to vote confidentially. Hlophe, who serves as the MK Party’s deputy president and chief whip in Parliament, sent the letter on 25 July 2025, following the tabling of the motion on Tuesday, 22 July 2025, by MK Party MP Sihle Ngubane under Section 102(2) of South Africa’s Constitution. This aligns with Rule 129 of the National Assembly Rules, which empowers the Speaker to determine voting procedures in such matters.
In his letter, Hlophe emphasised the importance of privacy in such a critical vote, citing constitutional principles and judicial precedents. “A secret ballot will ensure that Members of Parliament can exercise their constitutional duty freely and without fear of intimidation or reprisal,” he stated. “This is particularly important given the sensitive nature of the motion and the potential political consequences for individual members.”
According to Hlophe, the MK Party’s request is rooted in the 2017 Constitutional Court ruling in United Democratic Movement v Speaker of the National Assembly, which affirmed that the Speaker has the discretion to permit a secret ballot, guided by constitutional principles of accountability, transparency, and individual conscience. This ruling stemmed from a similar motion against former President Jacob Zuma, where a secret ballot was allowed, enabling MPs to vote without strict party discipline.
“Justification for a secret ballot includes protection against intimidation, safeguarding the integrity of the voting process, and ensuring that the outcome accurately reflects the will of the Members,” Hlophe wrote. He argued that it would protect parliamentarians from victimisation and allow them to vote according to their conscience, especially in the current tense political climate.
In the letter, Hlophe urged the Speaker to consider the constitutional and judicial precedents. “We kindly request that this submission be considered in line with the Constitution, the Rules of the National Assembly, and relevant judicial precedents. We further request that the Speaker consult with relevant stakeholders and decide on this matter at the earliest opportunity, given the urgency of the motion.”
Reasons Behind the Motion of No Confidence
The motion, submitted last week, accuses President Ramaphosa of failing to address soaring crime rates, economic mismanagement, and lapses in national security. The party also claims that Ramaphosa’s leadership has eroded public trust and allowed the country to unravel. These accusations encompass broader governance failures, including persistent unemployment, energy crises like load shedding, and inadequate anti-corruption measures.
A significant catalyst for the motion is Ramaphosa’s response to allegations against Police Minister Senzo Mchunu. Recent allegations by KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanazi, who accused political interference within law enforcement agencies, have fuelled the controversy. Mkhwanazi alleged that Mchunu and Deputy National Commissioner Shadrack Sibiya interfered in police operations, resulting in the disbandment of a task team investigating political killings and the stagnation of over 120 murder cases linked to criminal networks involving drugs and high-profile figures.
In light of these revelations, the MK Party opposes Ramaphosa’s decision to retain Police Minister Senzo Mchunu, who has been placed on leave amid ongoing investigations. The party contends that the president’s move undermines the independence of law enforcement and jeopardises public confidence. Rather than dismissing Mchunu, Ramaphosa placed him on special leave and appointed Professor Firoz Cachalia, a Wits University law expert, as acting Police Minister effective from the beginning of August 2025 to ensure continuity in the portfolio.
The MK Party argues that this decision breaches Ramaphosa’s oath of office and fails to uphold constitutional standards by not decisively tackling corruption claims. They believe a secret ballot is essential as it would insulate MPs from party pressures, potentially garnering support from within the Government of National Unity (GNU) coalition.
Legal Challenges and Broader Implications
Furthermore, the MK Party has challenged Ramaphosa’s decision in the Constitutional Court, contesting his move to place Mchunu on special leave and the appointment of Professor Firoz Cachalia as acting Police Minister. Former President Jacob Zuma, the MK Party leader, is a co-applicant in this urgent case. They contend that the Constitution does not explicitly grant the president authority to impose special leave on a minister, and question Cachalia’s suitability despite his academic credentials in law.
Ramaphosa defends his actions, asserting that the Constitution provides him broad discretion to manage Cabinet members under investigation, allowing for a thorough probe without disrupting government operations. The Constitutional Court has established tight deadlines: Applicants must file heads of argument by 27 July 2025 at 14:00, respondents by 28 July 2025 at 14:00, with the hearing set for 30 July 2025 at 11:00.
This motion represents the first no-confidence vote in South Africa’s seventh democratic administration, established after the May 2024 elections. The MK Party, securing 58 seats but declining to join the GNU, has emerged as a robust opposition, frequently spotlighting issues like crime and economic struggles. Recent incidents, such as the fatal shootout with five cash-in-transit robbers in Gauteng connected to a KwaZulu-Natal heist, and unresolved questions around Kenny Kunene’s visit to a suspect in the DJ Sumbody murder, amplify public anxieties about law enforcement efficacy.
Public and Political Reactions
The push for a secret ballot has ignited debate. Advocates maintain it bolsters democracy by enabling free votes, akin to the 2017 Zuma motion that hastened his resignation. Detractors perceive it as a strategy to exploit GNU fissures, where open voting might reinforce party loyalty.
Within the ANC, discomfort is evident, prompting a special National Executive Committee meeting to evaluate the GNU’s stability and ties with partners like the DA. DA federal council chairperson Helen Zille has indicated her party holds substantial votes—around 196 or 197 out of 400—to potentially sway or oust the president if required.
Democratic Alliance leader John Steenhuisen has condemned the motion as opportunistic. The MK Party intends to engage other groups, including the Economic Freedom Fighters (EFF), for backing, with MP Brian Molefe noting outreach to aligned parliamentarians.
Public sentiment is split, with surveys reflecting low government trust amid crime and joblessness concerns. Social media reactions vary: Some ponder a successor if Ramaphosa falls, others view it as ironic given Zuma’s past opposition to secret ballots. MK Party spokesperson Nhlamulo Ndhlela highlighted the tense atmosphere, stating MPs fear reprisals, and tied it to Mkhwanazi’s disclosures eroding institutional trust.
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