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

Comments: 0
Article views: 7139
Latest Badges:

View all MikeHampton's badges.

Zuma Loses Major Constitutional Court Case

29 December 2017, 13:27

Today, the Constitutional Court of South Africa ruled that the National Assembly of Parliament had failed its Constitutional obligation to hold President Jacob Zuma (ANC) accountable. For better or worse, the judgement is a legal landmark.


It was a majority judgement meaning that not all judges agreed. Although the Public will simplify this into another Zuma topic, the far-reaching core is the lessened separation of powers between the Judiciary and Parliament. Chief Justice Mogoeng Mogoeng and Deputy Chief Justice Raymond Zondo believed that the judiciary had overreached. In a statement afterwards, the EFF inappropriately stated that they were disturbed by Mogoeng being visibly shaken and forcing his contrary, minority judgement to be read out in full by Chief Justice Mogoeng who was leading the proceedings. Although the Court's decision is necessary for the safety of our country now (the stopping of majority rule ignoring/supporting the crimes of their leader), that can be detrimental in the long-term e.g. listen to Radiolab's marvellous 'Political Thicket' podcast regarding something similar that happened in the USA -


The judgement acknowledged the failure of the National Assembly and stated that it must comply with Section 237 of the Constitution. In a further financial blow to Zuma, it was ordered that he and the Assembly must jointly and separately pay legal costs.

The judgement requires that Parliament set up proper accountability rules so that, consequently, Zuma is investigated. This will be seen by many as the road being paved towards the impeachment of President Jacob Zuma for crimes such as his abuse of hundreds of millions in public funds to upgrade his home in Nkandla.


Cyril Ramaphosa, Zuma's current nemesis, ran his ANC presidency campaign on anti-corruption but failed to practice it when he won earlier this month. Instead, he used the concept of "unity" to disguise an attempt to rule over the greater ANC, the corrupt and self-proclaimed anti-corrupt.

Ramaphosa's desire for power is more relevant than his ambiguity. To become South Africa's President in 2019, he has to remove Zuma without alienating ANC supporters.

Previously, the ANC hadn't voted with the many attempts by the Opposition to remove Zuma. They wanted to control their own destiny rather than risk division by faction. The goal has not been to clean the ANC of its rotten baggage but rather, through its larger mass, to control a country. Consequently, its extremely difficult to determine what's real intention versus half-baked intentions for the sake of pretend realism i.e. political marketing.


The Constitutional Court's judgement is double-edged sharp, making it harder to play political games whilst also giving the Ramaphosa faction an excuse to get rid of Zuma via recall before an impeachment vote whose joy would be shared with the opposition. A recall may not happen without a Zuma fight but, in the period leading up to the election, may prove less traumatic to the organisation's membership, either keeping the ANC whole or reducing the effect of a breakaway party.

A recall is also a bargain for Zuma as he'd retain presidential benefits. An impeachment would leave him with nothing. Can Zuma, like Zimbabwe's Robert Mugabe, see the writing on the wall so as to make a selfish financial decision? But how would that protect him from suffering the consequences of his many alleged crimes? Only a pardon or him remaining in power could safeguard him.

There have been 8 attempts to remove him through motions of no confidence. An impeachment would be a first. However, most would view them collectively, this as the ninth attempt. Practically, an impeachment is far harder, requiring a two-thirds majority versus a motion of no confidence only needing a majority.


A Ramaphosa-led ANC could claim to morally encourage voting with a conscience but the reality is that loyalty is more defined by whoever has the most power to ensure the salaries of its supporters. Similarly, the Opposition will vote for whatever brings it closer to power.

The uncomfortable fact and cynicism is that the Public doesn't elect presidents. The National Assembly of Parliament does. And if one party dominates, the party decides. Resultingly, Parliament is patronage without conscience.

Most responsible for failing to hold Zuma to account is Speaker of Parliament Baleka Mbete. The Constitutional Court decision basically instructs her to establish a committee to investigate Zuma's conduct. Mbete was a staunch Zuma supporter but she switched sides just before Ramaphosa won. Recently, in Parliament, she failed to stop Zuma dodging questions and continuously treating the proceedings as a joke (he was often laughing) but did instruct him not to disrespectfully call a fellow MP, whom he would not answer, an "umfana" ("boy").

Our South African lives are far more important than an episode of soapies Uzalo or Generations. Our 2017 ends on this very interesting note. 2018 will likely begin in the same manner.

Will Zuma or Ramaphosa be the one to present the ANC's anniversary in January, address Parliament the same month, or make the State of the Nation Address (SONA) in February? Will Ramaphosa be a proponent for justice or will he let Zuma resign with a deal that evades justice for the sake of oxymoronic "ANC unity" and the consequential, selfish political rule of a country?

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 more from our Users

Submitted by
Phillip Dampier
Misstating American public broadc...

The SABC's larger problem is that there is significant evidence the government does exercise control over the SABC's policies and programming for the benefit of the government in power.  Read more...

0 comments 810 views
Submitted by
Fuel War
Would you work from home for 30 d...

The war of attrition against fuel price corruption has begun. A new initiative has been launched to combat the rampant corruption in the fuel price. Read more...

0 comments 956 views
Submitted by
Sally Ann Martin
The damage narcissists inflict

In an ideal world, we could round up the narcissists of the world, put them in front of a large pool of water and rejoice as they wither away. Read more...

0 comments 675 views
Submitted by
Reid Abrahams
Letter to the editor: Water repor...

The lesson is clear - give people the slightest window of opportunity and you open the flood gates, as it were. Again, that’s just human nature.  Read more...

0 comments 725 views
Submitted by
Wilfred Alcock
Amaberethe is not the solution

As a country we must earnestly embark on programmes at improving the well-being of every individual in society so they can reach their full potential. Read more...

0 comments 204 views
Submitted by
Sally Ann Martin
Is it an 'ism' or is it art?

While we might agree that there are certain common themes that may be generally found to be beautiful, what is beautiful is indeed a question which can realistically only be answered by the individual based on their own perceptions.  Read more...

0 comments 247 views


Press Code We subscribe to the Press Code.

E-mail Newsletters You choose what you want

News24 on Android Get the latest from News24 on your Android device.

SMS Alerts Get breaking news stories via SMS.

Interactive Advertising Bureau
© 2018 All rights reserved.
There are new stories on the homepage. Click here to see them.


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 network.


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.