Quote of the week

[Venezuelan President Nicolás Maduro] possesses, however, few of his predecessor’s resources, lacking not just oil revenue but Chávez’s surplus of charisma, humour and political skill. Maduro, unable to end the crisis, has increasingly sided with the privileged classes against the masses; his security forces are regularly dispatched into barrios to repress militants under the guise of fighting crime. Having lost its majority in Congress, the government, fearing it can’t win at the polls the way Chávez did, cancelled gubernatorial elections that had been set for December last year (though they now appear to be on again). Maduro has convened an assembly to write a new constitution, supposedly with the objective of institutionalising the power of social movements, though it is unlikely to lessen the country’s polarisation.

Greg Grandin
London Review of Books
20 September 2008

ANC and President in need of a constitutional adviser?

The ANC and the President seem to be rather confused about the clear provisions in the Constitution regarding what happens when a President decides to resign. At the news conference earlier today to announce the decision of the ANC National Executive Committee (NEC) to “recall” President Mbeki, Gwede Mantashe said that the Constitution was silent about what must happen when a sitting President resigns and referred to “Parliamentary processes” that will deal with this situation.

Now the Presidency has issued a statement saying that he accepts the decision of the ANC and then continues:

Following the decision of the national executive committee of the African National Congress to recall President Thabo Mbeki, the president has obliged and will step down after all constitutional requirements have been met.

This seems rather perplexing as section 90 of the Constitution makes it very clear what happens when a President resigns. This section states that when a vacancy occurs in the office of President, an office-bearer in the order below acts as President:

  1. The Deputy President.
  2. A Minister designated by the President.
  3. A Minister designated by the other members of the Cabinet.
  4. The Speaker, until the National Assembly designates one of its other members.

If the President resigns (or if he dies or is removed by a vote of no confidence in terms of section 102) a vacancy occurs in the office of the President and this section kicks in. Simple as that. Parliament is not involved at all in the process of designating an acting President and there are no “Parliamentary processes” or “constitutional requirements” to be met. I am therefore not sure what the ANC and the President is talking about. Are they confused?

The Parliament only becomes involved if the President refuses to resign and a vote of no confidence is instituted in terms of section 102(2) of the Constitution or when a new President must be elected from amongst the members of the National Assembly within 30 days after the president’s resignation.

All that is required is for the President to announce his resignation after which an acting President – in the order set out above – will take over until a new President is elected. If the National Assembly decides not to elect a new President, an election must then be held within 90 days.

This all seems rather clear to me. Am I missing something or is there something else going on that these gentlemen talk about “parliamentary processes” and “constitutiona requirements”? I really do not understand.

SHARE:     
BACK TO TOP
2015 Constitutionally Speaking | website created by Idea in a Forest