Quote of the week
Universal adult suffrage on a common voters roll is one of the foundational values of our entire constitutional order. The achievement of the franchise has historically been important both for the acquisition of the rights of full and effective citizenship by all South Africans regardless of race, and for the accomplishment of an all-embracing nationhood. The universality of the franchise is important not only for nationhood and democracy. The vote of each and every citizen is a badge of dignity and of personhood. Quite literally, it says that everybody counts. In a country of great disparities of wealth and power it declares that whoever we are, whether rich or poor, exalted or disgraced, we all belong to the same democratic South African nation; that our destinies are intertwined in a single interactive polity.
August and Another v Electoral Commission and Others (CCT8/99) [1999] ZACC 3
Panic among Mbeki appointees….
I received the following sms purporting to come from a panicked Mbeki appointee. Can it be true?
Am informed that the NWC has resolved as follows: 1. Thabo must go. 2. Baleka to take over. 3. Don’t prefer clauses 89 & 102 cos of possible early election. 4. Committee set up 2 look @ other possibilities including constitutional changes. 5. TM 2 be informed as soon as he’s back. 6. Certain ministers & premiers 2 be approached 2 stay 2 avoid exodus. It is time we move out of our comfort zone & face the reality of us all leaving sooer (sic) than we think!
I am a bit skeptical that this is what the National Working Committee (NWC) of the ANC really decided. This is because if it true, it suggests the NWC is desperately in need of a constitutional law adviser. (Hey, I won’t charge you guys that much – just ask!)
First, if President Mbeki resigns, the Speaker, Baleka Mbete, cannot take over as Acting President because the Deputy President and then a Minister selected by the cabinet is in line before the Speaker for the job of Acting President if only the President resigns. Second, if the President is removed in terms of section 89 or 102, we do not necessarily have to have an election – as long as a new President is elected by the National Assembly within 30 days of the resignation.
Regardless of the personal drama and tragedy of these events, it is a boon for anyone teaching Constitutional Law. Finally students will be able to see that these provisions in the Constitution relating to the President’s election and dismissal actually mean something!
