Zuma+vs+Mbeki+-+On+a+point+of+law,+Brendan+Boyle,+Politically+Correct



=Zuma vs Mbeki - On a point of law=


 * Brendan Boyle, Politically Correct (blog), 4 January 2008**

I was surprised to find a senior Presidency official unaware today of the Constitutional provisions for the removal of a government or president and by a comment on another blog about presidential immunity, so, just for the record:


 * There is no presidential immunity in South African law. Profs Hugh Corder of UCT and Marinus Wiechers of UNISA checked my math on that and concur. Nor do we have a European-style provision that would allow a president to postpone the case until after his or her term.

> If Jacob Zuma was to contrive to become President before August 4, he would have to attend court to plead and, unless excused, on every subsequent sitting day. There is no legal reason - though one assumes reason or the ANC would intervene - why he could not assume the presidency while on trial.


 * Clause 89 of the Constitution provides for the removal from office of a President by a vote of at least two-thirds of the 400 National Assembly members. Though not called impeachment, it is in effect an impeachment clause. He or she could be removed for a serious breach of the Constitution or law; for serious misconduct; or for inability to perform the functions of office. But…


 * Clause 50 allows a simple majority of MPs - 201 - to require the President to dissolve Parliament and call an election. The only condition is that this cannot be done in the first three years of a Parliamentary term. No cause is required and we are past the three-year period. And…


 * Clause 102 (2) gives a simple majority of MPs the unconditional right to pass a motion of no confidence in the President, upon which he and his entire Cabinet must immediately resign.


 * The ANC currently holds 297 of the 400 National Assembly seats.


 * [Jacob Zuma would have to become an MP first before he would be eligible to be elected President, at which point he would resign again, before taking up office]


 * From: http://blogs.thetimes.co.za/politicallycorrect/2008/01/04/zuma-vs-mbeki-on-a-point-of-law/**

326 words

N.B. The above is from The Times’ “Politically Correct” blog.

(The home page is at: **http://blogs.thetimes.co.za/politicallycorrect** )

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