PLEASE NOTE:

MyNews24 is a user-generated section of News24.com. The stories here come from users.

 
ThaboRangaka
 
Comments: 1
Article views: 289
 
 
Latest Badges:

 
View all ThaboRangaka's badges.
 

Separation of Presidency and PM offices in SA

24 March 2014, 07:08

THE PRESIDENT AS THE ACCUSED AND THE HEAD OF STATE: A MESS!

The Ombudsman Public Protector, Advocate Thuli Madonsela in doing her duty with excellence and passion, exposes the Achilles Heel of the Constitution of South Africa. The President currently functions as President, Prime Minister and Head a Political Party. Clearly, governance contradictions have arisen and call for a long lasting resolution.

PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA

The President of the Republic of South Africa is the head of state and head of government under the Constitution of South Africa. (Wikipedia). He is elected by the National Assembly, the lower house of Parliament, and is usually the leader of the largest party, which has been the African National Congress since the first non-racial elections were held on 27 April 1994.

The role was originally founded to be distinct from the now defunct role of prime minister, but the two roles were merged in the 1983 constitution.

Presidential powers

IN COMPARISON, the Republic of Mauritius has an arrangement in which, “the President is the Head of State and Commander in Chief, and the Prime Minister is the Head of Government.

“The President shall uphold and defend the Constitution of Mauritius and ensure that the institutions of democracy and rule of law are protected, the fundamental rights of all are respected and the unity of diverse Mauritian nation is maintained and strengthened.

“Whilst in office, the President should not hold any other office of emolument, whether under the Constitution or otherwise and exercise any profession or calling or engage in any trade or business. The President is obliged to suspend his (or her) membership in any political party for the term in office. Upon assuming office, the authority and duties of the President in all other elected or appointed offices terminate automatically. These measures should theoretically help the President to function in a more independent and impartial manner.

“The office of the President has the mission to assist the President of the Republic in his duties to preserve, protect and defend the Constitution and promote National Unity.

“The Prime Minister shall keep the President fully informed concerning the general conduct of the government of Mauritius and shall furnish the President with such information as he may request with respect to any particular matter relating to the government of Mauritius.”

Because the Presidency of the Republic of South Africa is an amalgam of “President” and “Prime Minister,” and the President as Head of State is also Comrade President of the African National Congress political party, we now have a tricky situation!

Public Protector Report 2014-03-19 17:09

The Public Protector released her report on the investigation she did on the Upgrades at the Inkandla Home of the Honourable President Jacob Zuma. Advocate Thuli Madonsela said she expected President Zuma to have acted to curtail the runaway expenditure when news of the exorbitant spending broke in December 2009.

"His failure to act in protection of state resources constitutes a violation of paragraph 2 of the executive ethics code and accordingly amounts to conduct that is inconsistent with his office as a member of cabinet, as contemplated by Section 96 of the Constitution."

Advocate Madonsela presented the report to The Presidency and said President Zuma must report to the National Assembly "on his comments and actions on this report" within 14 days.

The Presidency responded saying it notes the release of the Public Protector Report 19 Mar 2014. The President will study the findings and recommendations of the Public Protector in the context of the existing government interventions, and will communicate his response in due course. Enquiries: Mac Maharaj Cell: 079 879 3203

What is happening here is that the Public Protector presents to The Presidency findings that the Honourable President Jacob Zuma violated the executive ethics code and in this way conducted himself in a way that is inconsistent with his office as a member of cabinet. The President will study the findings and communicate his response in due course. End of story!

ARGUMENT FOR THE SEPARATION OF POWERS

I know that the Constitution of the Republic of South Africa, 1996 is reputed to be “the best constitution in the world, and may be difficult to alter. However, I wish that it were possible, as in the case of Mauritius, for the President of the Republic of South Africa to be elevated above the sectarianism of being involved in a political party. The Prime Minister would be separate from the Presidency, and afford the citizens of South Africa the possibility of presenting the Public Protector’s complaint about the Prime Minister to the State President, or vice versa, the complaint about the Presidency would go to the Prime Minister.

Now as things stand, we wait with bated breath to see how the Honourable President Jacob Zuma in the next 14 days works his magic in resolving the Nkandla matter.

Disclaimer: All articles and letters published on MyNews24 have been independently written by members of News24's community. The views of users published on News24 are therefore their own and do not necessarily represent the views of News24. News24 editors also reserve the right to edit or delete any and all comments received.
 

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
1 comment
Add your comment
Comment 0 characters remaining

Read more from our Users

Africa must break from negative n...

Despite decades of conflict, death and tragedy, coverage of issues in Africa has often been ignored, oversimplified, or excessively focused on limited aspects. Read more...

0 comments 99 views
Submitted by
Amaps
Let the Chuch be the help to the ...

So disappointing how the "church" which claims to be the body of Christ, its not as it should be, its operated like a corporate company. Read more...

10 comments 198 views
Submitted by
MarkH
South Africa: The reality show

I see a tendency – just love that word – developing lately of the regime – another old favourite – to spread far and wide as much confusion as possible, all involving spending my money, of course. Read more...

2 comments 122 views
Submitted by
SkerP
Memories of 2 February 1990

This year marks a quarter century since I matriculated. And, obviously, the same time has elapsed since the unbanning of the ANC. Read more...

5 comments 969 views
Submitted by
MarkH
Civil war vs civil disturbance

I wrote this article after considering responses to an article on News24 yesterday, also the “attack” on the Bedford Gardens shopping mall, when I found myself pondering the differences between civil disturbance and civil war, and naturally the implications of both. Read more...

2 comments 333 views
Submitted by
Kalos eidos
Yes, there is a global agenda to ...

These words form the motto, mind- set, and goal of the world’s elite humanists, their establishment puppets and their rank and file useful idiots.  Read more...

36 comments 878 views

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Kalahari.com - shop online today

Valentine’s Day gifts – 14 Feb!

Gifts to spoil him and her. While stocks last. Shop now!

Games on Sale!

Save up to 60% on selected games. While stocks last. Shop now!

Up to 30% off All Textbooks

Save up to 30% off an extensive range of prescribed textbooks for all major universities and FET colleges. Shop Now!

Save up to 40% on outdoor accessories!

Tents, sleeping, day packs and more. While stocks last. Shop now!

30% off fragrances

Get 30% off fragrances for him and her. While stocks last. Shop now!

OLX Free Classifieds [change area]

 

services

E-mail Alerts The latest headlines in your inbox

RSS feeds News delivered really simply.

Mobile News24 on your mobile or PDA

E-mail Newsletters You choose what you want

News24 on your iPhone Get News24 headlines on your iPhone.

SMS Alerts Get breaking news stories via SMS.

Blogs Your opinion on you, me and everyone.

Calais Website keywords automated by OpenCalais.

 
Interactive Advertising Bureau
 
© 2015 24.com. All rights reserved.
There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.




Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.