PLEASE NOTE:

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

 
MikeHampton
 
Comments: 0
Article views: 6926
 
 
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.

SEPARATION OF POWERS

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 - www.radiolab.org/story/the_political_thicket.

JUDGEMENT AGAINST ZUMA AND NATIONAL ASSEMBLY

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.

THE POWER RACE

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.

HOW WILL RAMAPHOSA'S FACTION RESPOND?

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.

PUBLIC REALITY

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
Chidi Matome
Land expropriation without compen...

Section 25 (8) of the South African Constitution allows “any departure” from the provisions of section 25, including sub-section (2) (b), the right to compensation. Departure means, in the context of expropriation, that when the state expropriates it may do so without compensation. Read more...

0 comments 1287 views
Submitted by
Kelahloko Mashiloane
The ethical dilemma…When gatekeep...

How does KPMG, one of the most prominent firms not report irregularities regarding Gupta companies in almost a decade? Read more...

0 comments 353 views
Submitted by
Chabana Chabana
Automation disruption heading for...

There is no denying that the Fourth Industrial Revolution is going to disrupt many industries with innovation an introduction of artificial intelligence, autonomous vehicles/drones and biotechnology among others. Will SA be prepared? Read more...

0 comments 1632 views
Submitted by
Graeme Long
The West is now the greatest thre...

Russia is a mafia state. China is a one-party dictatorship. Iran is a brutal theocracy. However, these countries appear more stable and are acting more rationally than the West. Read more...

0 comments 811 views
Submitted by
Confidence Seleme
Who's writing your life story?

Just because someone suddenly feels inferior or intimidated because of your progress, it doesn’t mean you must stop progressing. You cannot let someone else write your story for you.  Read more...

0 comments 337 views
Submitted by
Language Girl
Some are more equal than others

I have recently been faced with a dilemma, and it is one which has left me feeling helpless, sad and horrified. Read more...

0 comments 124 views
 

services

RSS feeds News delivered really simply.

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 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.