Here's why Malema's ConCourt bid to impeach President Jacob Zuma won't work

Economic Freedom Fighters leader Julius Malema has filed a court application with the Constitutional Court to order the Speaker of Parliament Baleka Mbete to institute impeachment proceedings against President Jacob Zuma.

The party says its latest call for action against Zuma regards conduct associated with the Nkandla scandal, including lying to Parliament on numerous occasions.

While Malema is adamant that an instruction can be given to Parliament to do its job, Cathy Powell, Senior Lecturer at the Department of Public Law at UCT has listed a number of reasons as to why the party's application may fail to impeach Zuma.

The court is highly unlikely to grant Malema's application.

Cathy Powell, Senior Lecturer at the Department of Public Law at UCT

Lets assume firstly that Baleka Mbete actually obeys the court order and institutes proceedings. If the majority ANC is still supporting Zuma - and it is because it hasn't brought impeachment proceedings yet -then it will vote down impeachment proceedings.

Cathy Powell, Senior Lecturer at the Department of Public Law at UCT

There are two reasons why the court won't accede to this request.

Cathy Powell, Senior Lecturer at the Department of Public Law at UCT

It is a severe violation of the doctrine of a separation of powers, it is for Parliament and not for courts to remove the President.

Cathy Powell, Senior Lecturer at the Department of Public Law at UCT

It really cant be more than a stunt because even if the court were to grant it that's not going to get rid of Jacob Zuma. All you do is get another forum which currently has high illegitimacy amongst the public saying Jacob Zuma is a bad man.

Cathy Powell, Senior Lecturer at the Department of Public Law at UCT

Click below to listen to the full audio below...


Recommended

by NEWSROOM AI

702 welcomes all comments that are constructive, contribute to discussions in a meaningful manner and take stories forward.

However, we will NOT condone the following:

  • Racism (including offensive comments based on ethnicity and nationality)
  • Sexism
  • Homophobia
  • Religious intolerance
  • Cyber bullying
  • Hate speech
  • Derogatory language
  • Comments inciting violence.

We ask that your comments remain relevant to the articles they appear on and do not include general banter or conversation as this dilutes the effectiveness of the comments section.

We strive to make the 702 community a safe and welcoming space for all.

702 reserves the right to: 1) remove any comments that do not follow the above guidelines; and, 2) ban users who repeatedly infringe the rules.

Should you find any comments upsetting or offensive you can also flag them and we will assess it against our guidelines.

702 is constantly reviewing its comments policy in order to create an environment conducive to constructive conversations.

Read More
"SACP are bringing the fight"

"SACP are bringing the fight"

Daily Maverick's Ranjeni Munsamy says statements made at Kathrada funeral and SACP briefing signals a political turning point.

Mapaila confirms Zuma told SACP of plans to axe Gordhan

Mapaila confirms Zuma told SACP of plans to axe Gordhan

SACP objects to Zuma's plan to replace finance minister and his deputy saying they do a good job "protecting our national purse".

Opinion: Rejecting Zuma at Kathrada funeral an ultimate dis

Opinion: Rejecting Zuma at Kathrada funeral an ultimate dis

Eusebius McKaiser reflects on the events that unfolded at the Kathrada funeral on Wednesday and Zuma's exclusion.

Phosa asks ANC's NEC to stop worrying about their jobs and put the country first

Phosa asks ANC's NEC to stop worrying about their jobs and put the country first

Former ANC treasurer general Matthews Phosa reflects on Ahmed Kathrada's call for the President to step down.

ANC top 6 divided on Zuma's "doggy" intelligence report against Gordhan

ANC top 6 divided on Zuma's "doggy" intelligence report against Gordhan

According to reports, ANC top 6 leaders are divided on President Jacob Zuma's intention to axe Finance Minister Pravin Gordhan.

Popular articles
Robots are already replacing financial advisors right here in South Africa

Robots are already replacing financial advisors right here in South Africa

But can they be trusted? Are they independent? Bruce Whitfield interviews Personal Financial Advisor Warren Ingram.

Madiba’s private secretary Zelda la Grange opens up about money (hers and his)

Madiba’s private secretary Zelda la Grange opens up about money (hers and his)

Bruce Whitfield interviews La Grange about her and Madiba's attitude to money (hopes and fears, successes and failures, etc.)

You’re either a ‘money slave’ or a ‘money master’ (says author of 'My Money')

You’re either a ‘money slave’ or a ‘money master’ (says author of 'My Money')

The Money Show’s Bruce Whitfield interviews Sugar Creek financial expert and author of “My Money” Gerald Mwandiambira.

How to make money through ‘buy-to-let’ (using very little of your own money)

How to make money through ‘buy-to-let’ (using very little of your own money)

Bruce Whitfield interviews Francois Janse van Rensburg, author of “Making Money through Buy-To-Let in South Africa".

Retirement: 8 biggest mistakes people typically make…

Retirement: 8 biggest mistakes people typically make…

The Money Show’s Bruce Whitfield interviews Galileo Capital Financial Advisor Warren Ingram.

UPDATE: Chilling WhatsApp from Marli van Breda's ex-boyfriend read out in court

UPDATE: Chilling WhatsApp from Marli van Breda's ex-boyfriend read out in court

Marli van Breda's ex took the stand in the trial of triple murder accused Henri van Breda.

3 easy questions could bag you R2000!

3 easy questions could bag you R2000!

WIN R2000! But only if you can prove you're a whiz of the MTN Biz Quiz by answering the following three questions...

Meet Errol Musk - father of Elon, the most innovative entrepreneur of our age

Meet Errol Musk - father of Elon, the most innovative entrepreneur of our age

Elon Musk, as you’d expect, hails from an exceptional family. Bruce Whitfield interviews his Capetonian father.