Hon Chief Justice, may I address you on a point of procedure? Sir, in terms of the Rules for the elections today, as published in March 2014, if you look at page 6 of the Rules, in terms of paragraph 5 that deals with the ballot, then you will see in paragraph 5(b) that the Rules are stipulated as follows: When the name of a member or head of a provincial delegation in other circumstances is called, he or she must, if present at the meeting, be issued with a ballot paper and record his or her vote in accordance with Rule 5(5). I suggest that names of members have been called and they did not participate in the procedure, and I would like your interpretation, please, sir. Thank you.
Thank you. I have been advised that a similar issue was raised in the past when my predecessor, Pius Langa, was presiding. Now, this process is essentially no different from what obtains when the Independent Electoral Commission spearheads the electoral process. Ballot papers are available; people would have registered their names to participate in the electoral process. But nobody can be heard to say that because you have registered and there is a ballot paper available to you, you are forced, whether at gunpoint or by some other means, not only to present yourself but also to make your mark. [Applause.]
Similarly, this being a democratic process, if any hon member of this House holds the view that they do not want to participate in the process because there is nobody they are going to be voting for, they are free not to respond when they are called to the front to collect their paper and indicate whom they would like to vote for.
Now, "must" is the issue. Our courts have interpreted "must", depending on the context ... [Applause.] ... to mean "may". It is for this reason that against the background I have given, "must" in these Rules, which I was privileged to draft or revise, means "may". [Applause.]
Hon Chief Justice ...
I hope you are not threatening to call me to order.
No, hon Chief Justice. I really enjoyed your interpretation. I hope that also means that when it comes to the payment of our taxes "must" will mean "may". [Laughter.] [Applause.]
May I have the House's attention please. It has just been brought to my attention that an hon member inadvertently made a mark where she did not intend to. In terms of the Rules that govern this process, Rule 5(7) in particular, if, during the ballot, the presiding officer is satisfied that a ballot paper has been inadvertently spoiled, he or she must instruct the returning officer to cancel that ballot paper, endorse the counterfoil thereof accordingly and issue a new ballot paper to the member or the leader of the provincial delegation concerned. This doesn't affect the NCOP, so the question of the leader of the provincial delegation does not arise.
I have looked at the mark. I am satisfied that it was inadvertently made and I, accordingly, instruct the returning officer to cancel the ballot paper, endorse the counterfoil thereof and issue a new ballot paper to the member who brought this to our attention. Thank you.
The member may step forward. [Interjections.] I would have preferred to save the hon member the embarrassment, but I can't do anything.
The Chief Justice announced that business would be suspended to allow the votes to be counted.
Business suspended at 14:44 and resumed at 15:51.
The Chief Justice took the Chair.
Before I start with what is expected of me, let me start with an apology. Firstly, some hon members were reportedly trapped in a lift somewhere, and I was asked to give them time to get to the House - the counting process has been over for quite some time now. So that is the reason.
Secondly, I need to make this point before it's too late. This is quite a historic moment, so we are all entitled to be excited in celebration of the democratic process as it unfolds. Even South Africans in the gallery are participating quite enthusiastically. But I have a request to make. Could you please restrain yourselves, however excited you may be that so-and-so was voted for? Just restrain yourselves so that the dignity, the quietness and the serenity - equivalent to that which obtains in a court of law - are observed at least for as long as I am presiding, and then you may continue afterwards. [Laughter.]
The Chief Justice announced the results of the ballot as follows:
Ballot papers issued: 366
Ballots counted: 366
Invalid ballot papers: 18
Ms Zisiwe Beauty Nosimo Balindlela: 88
Ms Baleka Mbete: 260
Ms Baleka Mbete accordingly elected as Speaker of the National Assembly.
The Chief Justice, on behalf of all present, congratulated Ms Baleka Mbete on her election as Speaker and requested her to take the Chair.
The Serjeant-at-Arms conducted the Speaker to the Chair and placed the mace in its position.