ConCourt hears secret ballot application by opposition parties, 15 May 2017 Part 3

[@ThembaMayekiso-vk7us]

Adv Moerane SC had a mountain that was slippery,......he tried his best but the odds were aginst him. 8/10/2023

[@thomassibanda7542]

Mr. Semenya is on point !

[@ThembaMayekiso-vk7us]

Mountain that was slippery....to climb* 8/10/2023

[@rosaco3397]

if this concourt is so independent or not driven by some pressure somewhere it will definitely rule in favor of parliament because the rules and constitution is clear in that regard

[@zungunjabulo3389]

How is the Constitution clear if it does not recommend whether such a vote should be secret or not? The law is unclear in that regard. You cannot talk about the rules as if the court is binded by them, the rules also have to be in line with the Constitution.

[@thembamayekiso3884]

Justice Chris Jafta is like Justice Oliver Shceiner (May His Soul RIP) a CJ that we did not have. 30/12/2022.

[@kgoletsoai6163]

1:35:00 to 1:44:00 is pure mangic

[@samkelojaca3902]

justice Jafter's question are very tricky but are very good question.

[@tebogokaumatlala6905]

This man is a genius. 💯 🙌🏾 He shows that he obtained the position fair and square. I got so much respect for him. ✊

[@thembamayekiso3884]

I first met him (Justice Chris Jafta) in 1999 in Mthatha High Court presiding over a murder case.....he struck me as very intelligent person the way he engaged counsel and asked questions to accused or witnesses...he displayed high standard of legal acumen. 30/12/2022.

[@rosaco3397]

this is how l understand this whole argument correct me if am wrong (THE SECRET BALLOT IS NOT PROVIDED FOR IN THE RULES OF PARLIAMENT BUT THE SPEAKER HAVE THE DISCRETION TO ALLOW IT,ITS NOT FOR THE COURT TO DECIDE BUT ITS JOB TO SIMPLIFY THAT LAW)

[@zungunjabulo3389]

It is a deeper question because a vote of no confidence is not only about parliamentary rules and proceedings but is also about ensuring that the members of parliament are there to represent the interests of the masses and not just the interests of party. Now the question is how does an MP vote according to what they think is correct and not what the party thinks is correct if the party can just tell MPs how to vote.

[@fabrigus6405]

The back up wall for Semenya SC should have been the ANC joining the issue explaining it's internal processes thereby explaining the question of risk of expulsion of its MPs in the event of them voting against the whip whether the risk is real or illusory. That would have been a game changer. The accused (ANC) is not in court to explain the question of risk it is alleged to have pose in the constitutional machinations of accountability. That would have been a game changer.

[@rosaco3397]

Mr semenya is correct the rules must be changed in the rules committee in parliament not in court,infact l find Mr semenya very good lawyer but am scared that concourt will end up breaching

[@zethumantshongo6709]

agree 100%

[@zungunjabulo3389]

No, the court has the power to look into the rules of parliament and decide whether they are inline with the constitution or not but it does not have the power to write the rules. So the court is not making the law here but is interpreting the constitution to see whether it allows for a secret ballot or not.

[@treasuretiro40]

1:47:47 i love these moments in court.

[@mohamedkaba4771]

One should not change the rule of a game during the party. Secret ballot is not worth . Zuma has to run till the end of his period.

[@Soma81]

Then let's hold the democrats responsible for all the rioting and deaths that occurred during the so called summer of love

[@gavingomwe4536]

adv semenya is a fine lawyer but his arrogance seems to get the better of him

[@valentinemlambo2005]

gavin gomwe how do you say he is arrogant?

[@gavingomwe4536]

notice how exasperated he gets at the judges questioning of parts of his argument