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.

Khampepe j
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
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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