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"contents": "<span style=\"font-weight: 400;\">On Tuesday evening, 28 February, councillors in Tshwane voted for Murunwa Makwarela, Cope’s lone councillor in that metro, to be elected mayor. He won the vote by 112 ballots to 102.</span>\r\n\r\n<span style=\"font-weight: 400;\">Considering that the parties that were part of the DA-majority coalition held more than 102 seats, it is clear that some of those members voted against the mutually agreed-on candidate.</span>\r\n\r\n<span style=\"font-weight: 400;\">This is a reminder of the power of secrecy, and the power of this particular provision of the </span><a href=\"https://www.gov.za/documents/local-government-municipal-structures-act\"><span style=\"font-weight: 400;\">Municipal Structures Act</span></a><span style=\"font-weight: 400;\"> of 1998, which says that councillors must vote in secret for the position of mayor of a council.</span>\r\n\r\n<span style=\"font-weight: 400;\">In the National Assembly, there is no such provision. But certain votes, such as those on whether to impeach a President, are within the power of the sitting Speaker, who can make them public.</span>\r\n\r\n<span style=\"font-weight: 400;\">Speaker Nosiviwe Mapisa-Nqakula did not grant a secret ballot on the Phala Phala issue last year. In 2017, then Speaker Baleka Mbete granted the secret ballot in a similar motion against then president Jacob Zuma.</span>\r\n\r\n<span style=\"font-weight: 400;\">After Tuesday’s vote, members of the Tshwane DA were furious, speaking in angry tones about “traitors” who had betrayed them.</span>\r\n\r\n<i><span style=\"font-weight: 400;\">Read more in </span></i><span style=\"font-weight: 400;\">Daily Maverick:</span><i><span style=\"font-weight: 400;\"> “</span></i><a href=\"https://www.dailymaverick.co.za/article/2023-03-01-tshwane-gets-a-new-mayor-copes-makwarela-as-seething-multiparty-coalition-urgently-seeks-answers/\"><i><span style=\"font-weight: 400;\">Tshwane gets a new mayor – Cope’s Makwarela — as seething multiparty coalition urgently seeks answers</span></i></a><i><span style=\"font-weight: 400;\">”</span></i>\r\n\r\n<span style=\"font-weight: 400;\">It may be fun for the party’s opponents to decry this, to talk about “witch hunts”, but if it happens to this coalition it is possible that it will happen to others.</span>\r\n\r\n<span style=\"font-weight: 400;\">And how would Julius Malema react to being betrayed, especially if he believed his own councillors or coalition partners had done it?</span>\r\n\r\n<p><img loading=\"lazy\" class=\"size-full wp-image-1595051\" src=\"https://www.dailymaverick.co.za/wp-content/uploads/2023/03/ED_437293.jpg\" alt=\"\" width=\"720\" height=\"377\" /> Council members at the special council meeting on 28 February 2023 in Pretoria, South Africa. (Photo: Gallo Images / Beeld / Deaan Vivier)</p>\r\n\r\n<span style=\"font-weight: 400;\">The power granted by this secrecy is huge. It allows someone to shake hands on an agreement, even sign a formal document, only to betray that agreement in the process of voting.</span>\r\n\r\n<span style=\"font-weight: 400;\">In politics, this brings all sorts of advantages.</span>\r\n\r\n<span style=\"font-weight: 400;\">In Ekurhuleni in 2021, very few people knew that </span><a href=\"https://www.dailymaverick.co.za/article/2022-11-08-how-the-anc-eff-partnership-failed-in-ekurhuleni-and-led-to-the-re-election-of-mayor-tania-campbell/\"><span style=\"font-weight: 400;\">EFF councillors would vote for DA mayor</span></a><span style=\"font-weight: 400;\"> Tania Campbell until the vote itself.</span>\r\n\r\n<span style=\"font-weight: 400;\">In Tshwane, it clearly allowed a group of people to betray an agreement. There is nothing to admire here. It allows parties to play off one possible coalition partner against the other, introducing the element of double-crossing.</span>\r\n\r\n<b>Visit </b><a href=\"https://www.dailymaverick.co.za/?utm_source=direct&utm_medium=in_article_link&utm_campaign=homepage\"><b><i>Daily Maverick’s</i></b><b> home page</b></a><b> for more news, analysis and investigations</b>\r\n\r\n<span style=\"font-weight: 400;\">It also creates an atmosphere of distrust. And, sometimes, parties have tried to get around this. In 2006 in the Breede Valley Municipality, for example, two parties agreed on a deal that would see their councillors sit next to each other. They would then show each other their ballot papers so that they knew each side was sticking to the deal.</span>\r\n\r\n<span style=\"font-weight: 400;\">The high court struck this down, suggesting the </span><a href=\"https://repository.uwc.ac.za/bitstream/handle/10566/4829/A%20Secret%20ballot.pdf?sequence=1&isAllowed=y\"><span style=\"font-weight: 400;\">council had a duty to ensure the vote was secret</span></a><span style=\"font-weight: 400;\">.</span>\r\n\r\n<span style=\"font-weight: 400;\">Although there may be a focus on the relationships between parties, it also creates distrust within them.</span>\r\n<h4><b>Benefits of transparency</b></h4>\r\n<span style=\"font-weight: 400;\">As has been recounted many times, the ANC has often battled to keep discipline among its councillors. As a result, certain factions have been able to vote against ANC mayoral candidates. And again, the fact there is a secret ballot has helped people to do this.</span>\r\n\r\n<span style=\"font-weight: 400;\">This has also happened in the National Assembly. In 2017, at least 30 MPs used a </span><a href=\"https://www.dailymaverick.co.za/article/2017-08-09-analysis-even-as-he-wins-his-8th-no-confidence-vote-zuma-appears-weak/\"><span style=\"font-weight: 400;\">secret ballot to vote against Zuma in 2017</span></a><span style=\"font-weight: 400;\">. Although he won the vote, the fact so many ANC MPs voted against him was a sign of deep discontent and unhappiness with his leadership.</span>\r\n\r\n<span style=\"font-weight: 400;\">This may pose a much greater risk to parties and their own leadership in the future. Imagine a future with the ANC below 50%, if a Speaker decides, for any reason, on a secret ballot in the election of a president or a confidence vote.</span>\r\n\r\n<span style=\"font-weight: 400;\">The President is due to be supported by a coalition of parties, while some MPs from that coalition may be unhappy with the deal.</span>\r\n\r\n<span style=\"font-weight: 400;\">So, for example, EFF MPs may decide they do not want to vote for Cyril Ramaphosa as president. And if they refuse to do this, there would be no way of knowing who toed the party line and who did not.</span>\r\n\r\n<span style=\"font-weight: 400;\">And what would happen in a governing party if there was a secret ballot vote on a president and some of its members voted against their leader, as has happened in the past? But this time, the leader loses the vote.</span>\r\n\r\n<span style=\"font-weight: 400;\">It is likely a governing party would not survive the arguments over who voted which way. Transparency in voting brings immense benefits.</span>\r\n\r\n<span style=\"font-weight: 400;\">Last year, in a public vote, </span><a href=\"https://www.dailymaverick.co.za/article/2022-12-13-anc-nec-to-decide-on-fate-of-members-who-voted-against-party-line-in-phala-phala-debate-lamola/\"><span style=\"font-weight: 400;\">five ANC MPs voted against the party line</span></a><span style=\"font-weight: 400;\"> on the Phala Phala issue. This was a good thing. First, it allowed those MPs to show their constituencies how they felt about the issue. It showed the party leadership who was doing what, and it showed voters what was really happening in the party. And no one could claim to have voted against Ramaphosa when they had not done so.</span>\r\n<h4><b>‘Vote your conscience’</b></h4>\r\n<span style=\"font-weight: 400;\">All of this would have been denied to voters if the MPs had voted in secret. It would have allowed some people to claim they had voted for or against the motion when, in fact, they had done the opposite.</span>\r\n\r\n<span style=\"font-weight: 400;\">In short, the problem with a secret ballot in a council, or Parliament, is that it denies voters the knowledge of what their representatives, the people who vote on their behalf, do in secret.</span>\r\n\r\n<span style=\"font-weight: 400;\">Some argue that councillors (or MPs) should be allowed to “vote their conscience”. But why should this happen in secret? If you believe in something, then say so.</span>\r\n\r\n<span style=\"font-weight: 400;\">If it is particularly contentious, it is unlikely that you would be voting on your own anyway. It cannot be that a public representative is allowed to “vote their conscience” in secret.</span>\r\n\r\n<span style=\"font-weight: 400;\">Also, the argument that the party would then be able to remove your salary by removing you as an MP also has a weakness.</span>\r\n\r\n<span style=\"font-weight: 400;\">If someone has entered politics, it is presumably to improve the lives of people. If it is just to get a salary, then they are not worthy to represent the people in the first place, period and full stop.</span>\r\n<h4><b>Less about betrayal</b></h4>\r\n<span style=\"font-weight: 400;\">There may be some scope for reform here. Of course, this would require MPs from different parties to agree to a change and to vote in favour.</span>\r\n\r\n<span style=\"font-weight: 400;\">In the longer term, it is probably in the interests of all parties to do this. It would strengthen the leaderships of these parties, and their internal discipline, to pass this measure. And it would make our politics less about betrayal.</span>\r\n\r\n<span style=\"font-weight: 400;\">But parties may see it as against their short-term interests.</span>\r\n\r\n<span style=\"font-weight: 400;\">It is likely that too many people have too much to gain from the kind of surprise – or chaos – seen in Tshwane, Johannesburg and other places.</span>\r\n\r\n<i><span style=\"font-weight: 400;\">Read more in </span></i><span style=\"font-weight: 400;\">Daily Maverick</span><i><span style=\"font-weight: 400;\">: “</span></i><a href=\"https://www.dailymaverick.co.za/article/2023-03-01-after-the-bell-the-wider-significance-of-the-das-humiliating-loss-in-tshwane-is-very-dark/\"><i><span style=\"font-weight: 400;\">After the Bell: The wider significance of the DA’s humiliating loss in Tshwane is very dark</span></i></a><i><span style=\"font-weight: 400;\">”</span></i>\r\n\r\n<span style=\"font-weight: 400;\">This may be one of those situations where what is good for political parties is bad for voters. As a result, it seems very unlikely that there will be a change. This means that the secret ballot is likely to be a complicating factor in the upcoming age of coalitions.</span>\r\n\r\n<span style=\"font-weight: 400;\">Those who are benefiting from the use of this tactic now, may be the first to cry “traitor” when it is used against them – and they will be able to do nothing about it. </span><b>DM</b>",
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"name": "Council members at the special council meeting on 28 February 2023 in Pretoria, South Africa. (Photo: Gallo Images / Beeld / Deaan Vivier)",
"description": "<span style=\"font-weight: 400;\">On Tuesday evening, 28 February, councillors in Tshwane voted for Murunwa Makwarela, Cope’s lone councillor in that metro, to be elected mayor. He won the vote by 112 ballots to 102.</span>\r\n\r\n<span style=\"font-weight: 400;\">Considering that the parties that were part of the DA-majority coalition held more than 102 seats, it is clear that some of those members voted against the mutually agreed-on candidate.</span>\r\n\r\n<span style=\"font-weight: 400;\">This is a reminder of the power of secrecy, and the power of this particular provision of the </span><a href=\"https://www.gov.za/documents/local-government-municipal-structures-act\"><span style=\"font-weight: 400;\">Municipal Structures Act</span></a><span style=\"font-weight: 400;\"> of 1998, which says that councillors must vote in secret for the position of mayor of a council.</span>\r\n\r\n<span style=\"font-weight: 400;\">In the National Assembly, there is no such provision. But certain votes, such as those on whether to impeach a President, are within the power of the sitting Speaker, who can make them public.</span>\r\n\r\n<span style=\"font-weight: 400;\">Speaker Nosiviwe Mapisa-Nqakula did not grant a secret ballot on the Phala Phala issue last year. In 2017, then Speaker Baleka Mbete granted the secret ballot in a similar motion against then president Jacob Zuma.</span>\r\n\r\n<span style=\"font-weight: 400;\">After Tuesday’s vote, members of the Tshwane DA were furious, speaking in angry tones about “traitors” who had betrayed them.</span>\r\n\r\n<i><span style=\"font-weight: 400;\">Read more in </span></i><span style=\"font-weight: 400;\">Daily Maverick:</span><i><span style=\"font-weight: 400;\"> “</span></i><a href=\"https://www.dailymaverick.co.za/article/2023-03-01-tshwane-gets-a-new-mayor-copes-makwarela-as-seething-multiparty-coalition-urgently-seeks-answers/\"><i><span style=\"font-weight: 400;\">Tshwane gets a new mayor – Cope’s Makwarela — as seething multiparty coalition urgently seeks answers</span></i></a><i><span style=\"font-weight: 400;\">”</span></i>\r\n\r\n<span style=\"font-weight: 400;\">It may be fun for the party’s opponents to decry this, to talk about “witch hunts”, but if it happens to this coalition it is possible that it will happen to others.</span>\r\n\r\n<span style=\"font-weight: 400;\">And how would Julius Malema react to being betrayed, especially if he believed his own councillors or coalition partners had done it?</span>\r\n\r\n[caption id=\"attachment_1595051\" align=\"aligncenter\" width=\"720\"]<img class=\"size-full wp-image-1595051\" src=\"https://www.dailymaverick.co.za/wp-content/uploads/2023/03/ED_437293.jpg\" alt=\"\" width=\"720\" height=\"377\" /> Council members at the special council meeting on 28 February 2023 in Pretoria, South Africa. (Photo: Gallo Images / Beeld / Deaan Vivier)[/caption]\r\n\r\n<span style=\"font-weight: 400;\">The power granted by this secrecy is huge. It allows someone to shake hands on an agreement, even sign a formal document, only to betray that agreement in the process of voting.</span>\r\n\r\n<span style=\"font-weight: 400;\">In politics, this brings all sorts of advantages.</span>\r\n\r\n<span style=\"font-weight: 400;\">In Ekurhuleni in 2021, very few people knew that </span><a href=\"https://www.dailymaverick.co.za/article/2022-11-08-how-the-anc-eff-partnership-failed-in-ekurhuleni-and-led-to-the-re-election-of-mayor-tania-campbell/\"><span style=\"font-weight: 400;\">EFF councillors would vote for DA mayor</span></a><span style=\"font-weight: 400;\"> Tania Campbell until the vote itself.</span>\r\n\r\n<span style=\"font-weight: 400;\">In Tshwane, it clearly allowed a group of people to betray an agreement. There is nothing to admire here. It allows parties to play off one possible coalition partner against the other, introducing the element of double-crossing.</span>\r\n\r\n<b>Visit </b><a href=\"https://www.dailymaverick.co.za/?utm_source=direct&utm_medium=in_article_link&utm_campaign=homepage\"><b><i>Daily Maverick’s</i></b><b> home page</b></a><b> for more news, analysis and investigations</b>\r\n\r\n<span style=\"font-weight: 400;\">It also creates an atmosphere of distrust. And, sometimes, parties have tried to get around this. In 2006 in the Breede Valley Municipality, for example, two parties agreed on a deal that would see their councillors sit next to each other. They would then show each other their ballot papers so that they knew each side was sticking to the deal.</span>\r\n\r\n<span style=\"font-weight: 400;\">The high court struck this down, suggesting the </span><a href=\"https://repository.uwc.ac.za/bitstream/handle/10566/4829/A%20Secret%20ballot.pdf?sequence=1&isAllowed=y\"><span style=\"font-weight: 400;\">council had a duty to ensure the vote was secret</span></a><span style=\"font-weight: 400;\">.</span>\r\n\r\n<span style=\"font-weight: 400;\">Although there may be a focus on the relationships between parties, it also creates distrust within them.</span>\r\n<h4><b>Benefits of transparency</b></h4>\r\n<span style=\"font-weight: 400;\">As has been recounted many times, the ANC has often battled to keep discipline among its councillors. As a result, certain factions have been able to vote against ANC mayoral candidates. And again, the fact there is a secret ballot has helped people to do this.</span>\r\n\r\n<span style=\"font-weight: 400;\">This has also happened in the National Assembly. In 2017, at least 30 MPs used a </span><a href=\"https://www.dailymaverick.co.za/article/2017-08-09-analysis-even-as-he-wins-his-8th-no-confidence-vote-zuma-appears-weak/\"><span style=\"font-weight: 400;\">secret ballot to vote against Zuma in 2017</span></a><span style=\"font-weight: 400;\">. Although he won the vote, the fact so many ANC MPs voted against him was a sign of deep discontent and unhappiness with his leadership.</span>\r\n\r\n<span style=\"font-weight: 400;\">This may pose a much greater risk to parties and their own leadership in the future. Imagine a future with the ANC below 50%, if a Speaker decides, for any reason, on a secret ballot in the election of a president or a confidence vote.</span>\r\n\r\n<span style=\"font-weight: 400;\">The President is due to be supported by a coalition of parties, while some MPs from that coalition may be unhappy with the deal.</span>\r\n\r\n<span style=\"font-weight: 400;\">So, for example, EFF MPs may decide they do not want to vote for Cyril Ramaphosa as president. And if they refuse to do this, there would be no way of knowing who toed the party line and who did not.</span>\r\n\r\n<span style=\"font-weight: 400;\">And what would happen in a governing party if there was a secret ballot vote on a president and some of its members voted against their leader, as has happened in the past? But this time, the leader loses the vote.</span>\r\n\r\n<span style=\"font-weight: 400;\">It is likely a governing party would not survive the arguments over who voted which way. Transparency in voting brings immense benefits.</span>\r\n\r\n<span style=\"font-weight: 400;\">Last year, in a public vote, </span><a href=\"https://www.dailymaverick.co.za/article/2022-12-13-anc-nec-to-decide-on-fate-of-members-who-voted-against-party-line-in-phala-phala-debate-lamola/\"><span style=\"font-weight: 400;\">five ANC MPs voted against the party line</span></a><span style=\"font-weight: 400;\"> on the Phala Phala issue. This was a good thing. First, it allowed those MPs to show their constituencies how they felt about the issue. It showed the party leadership who was doing what, and it showed voters what was really happening in the party. And no one could claim to have voted against Ramaphosa when they had not done so.</span>\r\n<h4><b>‘Vote your conscience’</b></h4>\r\n<span style=\"font-weight: 400;\">All of this would have been denied to voters if the MPs had voted in secret. It would have allowed some people to claim they had voted for or against the motion when, in fact, they had done the opposite.</span>\r\n\r\n<span style=\"font-weight: 400;\">In short, the problem with a secret ballot in a council, or Parliament, is that it denies voters the knowledge of what their representatives, the people who vote on their behalf, do in secret.</span>\r\n\r\n<span style=\"font-weight: 400;\">Some argue that councillors (or MPs) should be allowed to “vote their conscience”. But why should this happen in secret? If you believe in something, then say so.</span>\r\n\r\n<span style=\"font-weight: 400;\">If it is particularly contentious, it is unlikely that you would be voting on your own anyway. It cannot be that a public representative is allowed to “vote their conscience” in secret.</span>\r\n\r\n<span style=\"font-weight: 400;\">Also, the argument that the party would then be able to remove your salary by removing you as an MP also has a weakness.</span>\r\n\r\n<span style=\"font-weight: 400;\">If someone has entered politics, it is presumably to improve the lives of people. If it is just to get a salary, then they are not worthy to represent the people in the first place, period and full stop.</span>\r\n<h4><b>Less about betrayal</b></h4>\r\n<span style=\"font-weight: 400;\">There may be some scope for reform here. Of course, this would require MPs from different parties to agree to a change and to vote in favour.</span>\r\n\r\n<span style=\"font-weight: 400;\">In the longer term, it is probably in the interests of all parties to do this. It would strengthen the leaderships of these parties, and their internal discipline, to pass this measure. And it would make our politics less about betrayal.</span>\r\n\r\n<span style=\"font-weight: 400;\">But parties may see it as against their short-term interests.</span>\r\n\r\n<span style=\"font-weight: 400;\">It is likely that too many people have too much to gain from the kind of surprise – or chaos – seen in Tshwane, Johannesburg and other places.</span>\r\n\r\n<i><span style=\"font-weight: 400;\">Read more in </span></i><span style=\"font-weight: 400;\">Daily Maverick</span><i><span style=\"font-weight: 400;\">: “</span></i><a href=\"https://www.dailymaverick.co.za/article/2023-03-01-after-the-bell-the-wider-significance-of-the-das-humiliating-loss-in-tshwane-is-very-dark/\"><i><span style=\"font-weight: 400;\">After the Bell: The wider significance of the DA’s humiliating loss in Tshwane is very dark</span></i></a><i><span style=\"font-weight: 400;\">”</span></i>\r\n\r\n<span style=\"font-weight: 400;\">This may be one of those situations where what is good for political parties is bad for voters. As a result, it seems very unlikely that there will be a change. This means that the secret ballot is likely to be a complicating factor in the upcoming age of coalitions.</span>\r\n\r\n<span style=\"font-weight: 400;\">Those who are benefiting from the use of this tactic now, may be the first to cry “traitor” when it is used against them – and they will be able to do nothing about it. </span><b>DM</b>",
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"summary": "The election of a new mayor in Tshwane has again revealed the power of secret ballots in council elections in provincial, and possibly, national government. It is a privilege likely to be much deployed in the coming age of coalitions, but should the elected representatives be allowed to keep their vote secret from the very community that voted for them?",
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