Recalling party representatives for not toeing the line to be tested

The relevant authorities on the secret ballot agree that it originated from Australia in the 1850s, hence some people refer to it as “The Australian Ballot”. It arose as a consequence of widespread rigging of general elections in that country, through bribery, blackmail, vote buying, pressure and intimidation. It became law in 1856 in Australia, rapidly spreading in no time.

The secret ballot system was made law in Britain in 1872, and took effect in the US around 1888. Today, the secret ballot is a universal feature of general elections. When the colonisers of our country arrived, needless to say — they brought the system along with them.

Our constitutional democracy did not stop at ensuring that all general election voting would be by secret ballot. It went further and ensured through explicit provisions in the constitution and ConCourt judgments — that the National Assembly would respect the secret ballot system, and afford the system its rightful place whenever it is called for in the house’s operations. I appeal to readers to reflect on whether the vices of the open/public vote as enumerated above would not/do not play themselves out in full, in one form or another, in our National Assembly whenever voting is imperative.

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Our constitution appears to be focusing more on ensuring that the individual members of parliament would be free to objectively apply their minds and consciences to the matter at hand, without interference. In fact, there are at least two ConCourt judgments where this view is stated as an injunction.

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