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.

Justice Albie Sachs
August and Another v Electoral Commission and Others (CCT8/99) [1999] ZACC 3
20 September 2008

Who will be the President?

If the ANC decides not to have an early election, a President must be chosen within 30 days from among the members of the National Assembly. As Jacob Zuma is not a member of the National Assembly and cannot become one before the election because he is not at the top of one of their election lists, the question is who will take over as caretaker President until the next election.

Some newspaper reports have suggested the Speaker Baleka Mbete will take over. But she will first have to resign as Speaker before she could be elected President for the period until the next election by June 2009. Some suggests that Kgalema Motlanthe is not trusted by the Zuma camp but he should be the obvious choice for caretaker President until the 2009 election.

I am surprised the ANC has not said anything about this at the news conference. They have been very vague, merely muttering about “Parliamentary process”. If they want stability they need to tell us as soon as possible what the next move is. Or have they not yet decided on a next move? If they have not, they are even more irresponsible than I thought.

See also my post here that spells out the procedures in the Constitution for when a President resigns.

UPDATE: Two thoughts just came to me. Maybe the Presidency is referring to the requirement that the cabinet must designate an acting President from among its members and will only resign once the cabinet has designated one of its members to act as President? Also, maybe the President wants to resign in a speech to the National Assembly. Now that will be an interesting speech to watch!

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