Quote of the week

The unhappy fact that it is journalists, investigating organs of state and officialdom and the political class and their involvement in corrupt practices to loot the State’s resources, who, by so doing, attract the attention of powerful and influential persons who are capable of suborning the apparatus of the State to smell out their adversaries, cannot be ignored. The examples of abuse of the system have been addressed elsewhere in this judgment. Moreover, the respondents’ perspectives assume that the designated judge is not lied to and is diligent… In my view, in the absence of a rebuttal, this example illustrates a grave vulnerability in RJCA that such an apparent abuse could occur. The common cause examples of blatant lies being told to the designated judge further exacerbates the vulnerability of the system.

Sutherland J
Amabhungane Centre for Investigative Journalism NPC and Another v Minister of Justice and Correctional Services and Others
20 September 2008

Thabo Mbek to resign as President

I am reliably told that the ANC will announce in the next hour or two that President Thabo Mbeki will resign as President of the country. If this is correct, the big question then is what happens to the Deputy President and his cabinet and who will act as President until a new President is elected.

The Times reports this morning that Baleka Mbete will take over as acting President, but as I read the Constitution this is not possible unless the entire cabinet resigns as well. Even then the Speaker can only act as President until the National Assembly designates another of its members as acting President. The reason for this is that the separation of powers between the legislature and the executive makes it unwise for the Speaker of Parliament to head the national executive and only requires this as a last resort for as short a period as possible.

The SABC plans a live broadcast to carry this announcment. We will then hear what wil happen next and what the position of the cabinet is in all of this.

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