3 ways to get rid of a president

2018-01-07 14:03
President Jacob Zuma. AFP)

President Jacob Zuma. AFP)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Cape Town – With increasing pressure on President Jacob Zuma to resign or for the ANC to remove him, it is worth noting that there are three ways that a South African president can leave office before the five-year term comes to an end. 

Motion of no confidence

This is mandated by Section 102 of the Constitution. 

A majority of the members of the National Assembly is needed to pass such a motion. If passed, the president, Cabinet and deputy ministers must resign. 

If this happens, the president still keeps the benefits afforded to a former president.

Impeachment

The Constitution doesn't use the word "impeach", but Section 89 of the Constitution allows for a process that is called impeachment in other parts of the world.

The National Assembly must adopt, with a two-thirds supporting vote, a resolution to remove the president from office, only on the grounds of a serious violation of the Constitution or the law, serious misconduct or an inability to perform the functions of the office.

If the president is removed through this method, he may not receive any benefits of that office, and may not serve in any public office.

After the Constitutional Court's recent ruling that Parliament must amend its rules to fulfil its Constitutional obligations, Parliament said in a statement that the National Assembly Rules Committee had already initiated a process, as part of its overhaul of rules, to outline a procedure to be followed in implementing Section 89 of the Constitution.

READ: We will comply with ConCourt ruling – Parliament

"In this regard, Parliament will ensure finalisation of the Assembly's rules, in line with the Court's order," read Parliament's statement.

The process will probably entail that a motion is passed in the National Assembly to establish an ad hoc committee to determine whether the president failed in the abovementioned duties. The committee will then present its recommendation to the National Assembly and, if it is to remove the president, it will have to be adopted with a two-thirds majority.

This process could take months.

Resignation

A president can vacate his office by simply resigning. 

Electing a new president

After one of these processes has been concluded, the only item on the National Assembly's agenda will be the election of a new president. During this period, the speaker will be the acting president.

The Chief Justice must determine a date, within 30 days of the vacancy occurring, for the National Assembly to elect a new president from its members. If there is more than one candidate, this will be done by secret ballot.

If this is not done within 30 days, the speaker must dissolve Parliament and new national elections must be held.

Read more on:    anc  |  jacob zuma  |  politics

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.
NEXT ON NEWS24X

Inside News24

 
/News
Traffic Alerts
Traffic
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.