"There is no unanimity on whether Zuma should remain as president or not".
The EFF and the Inkatha Freedom Party filed papers yesterday in support of the United Democratic Movement's application to the Constitutional Court for a secret ballot in the pending motion of no confidence against Zuma.
The EFF leader said the court should "direct" Mbete to "discharge her obligation" so that the national executive is held to account. "It is thus a scenario comparable to that envisaged in a contested election of the president", Malema says in the affidavit.
The UDM has argued that since the president was elected by the National Assembly by secret ballot, the same must apply to a vote that could result in his removal. It probably does; this will probably emerge from the crucible of argument presented in the urgent application brought by the UDM, which the court has agreed to hear, but only after the scheduled date of the no-confidence debate.
"When he [Zuma] launched opposing papers of a motion that will be about him he declared war against the very freedom we believe the secret ballot seeks to protect".
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The party's leader Bantu Holomisa on Wednesday filed an affidavit with the Constitutional Court‚ replying to papers filed by Mbete and President Jacob Zuma.
He noted that the Constitutional Court now has a responsibility to cut through the politics surrounding the issue and make a decision founded in law based on these threats and the discretion of the speaker.
Malema referred to a Facebook post penned by ANC MP Makhosi Khoza in which she outlines the dilemma faced by party MPs. The election of the president is part of the functions of the National Assembly outlined in the Constitution. In addition to the questionable legality of depriving MPs of their livelihoods for Zuma, Gauntllet also pointed to sections 83 and 89 of the Constitution and the duty these MPs have to uphold this Constitution.
The ANC still secured the majority vote on both occasions.
The vote was due to take place on Tuesday, 18 April, but was postponed last week due to the UDM's legal action.
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