I have listened to a number of comments over radio stations about the current impasse relating to the endorsement of the Vice President as well as election of Speaker and Deputy Speaker. During the 9th and 10th Parliament (2004 to 2014), I served in the Standing Orders Committee and wish to share information that may be helpful. There is an impression that has been created suggesting that towards the end of the 10th Parliament, the standing orders were amended to introduce a secret ballot for for the election of Speaker, Deputy Speaker and the endorsement of the VP. This is not correct. For as long as I was MP, the clause on secret ballot for these elections was part of the standing orders. In 2004 Patrick Balopi was elected Speaker and Mma Kokorwe Deputy Speaker through a secret ballot. Ian Khama was endorsed as the VP through a secret ballot and so was Mompati Merafhe in 2008 and Ponatshego Kedikilwe. The standing orders were amended in 2014 to introduce a voting booth in Parliament to facilitate for the holding of a secret ballot. Previously, MP would complete their ballot papers to endorse the VP and elect both Speaker and Deputy from their seats. Those who have been to Parliament will know that the seating arrangement is not most conducive for the conduct of a secret ballot. The introduction of a voting booth, in our view, was necessary to allow for a truly secret ballot. It appears to me that the issue before the courts is as to whether there should ever have been provision for a secret ballot. Standing Orders are rules of Parliament and meant to give guidance and order to the conduct of Parliamentary business. They are crafted so as to facilitate the conduct of business in the House. The constitution is the parent law and where it refers to the endorsement of the VP as well as election of Speaker, it does not state how that process should be carried out. It is normal for subsidiary legislation (the standing orders are subsidiary legislation) to add meat to the provisions of the constitution or a parent law. The issue, as I understand it, seems to be that since the constitution does not state that the ballot shall be secret, it should therefore be by show of hands. It is not being suggested that the constitution directs that the voting be by show of hand. As I indicated above, voting has never been by show of hands in the last 10 years. I am not a lawyer and will wait for the lawyers to present their arguments in court and for the judges to decide. I just wanted to shed some light on the issue so that we can all appreciate the dynamics that have brought the wheels of government to a standstill...
Posted on: Thu, 30 Oct 2014 10:09:08 +0000