Quote of the week
Mr Zuma is no ordinary litigant. He is the former President of the Republic, who remains a public figure and continues to wield significant political influence, while acting as an example to his supporters… He has a great deal of power to incite others to similarly defy court orders because his actions and any consequences, or lack thereof, are being closely observed by the public. If his conduct is met with impunity, he will do significant damage to the rule of law. As this Court noted in Mamabolo, “[n]o one familiar with our history can be unaware of the very special need to preserve the integrity of the rule of law”. Mr Zuma is subject to the laws of the Republic. No person enjoys exclusion or exemption from the sovereignty of our laws… It would be antithetical to the value of accountability if those who once held high office are not bound by the law.
Secretary of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State v Zuma and Others (CCT 52/21) [2021] ZACC 18
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!
