Law expert answers big 'what-ifs' ahead of Zuma no confidence debate

Did you know that if the vote of no confidence in President Jacob Zuma is successful on Tuesday, National Assembly Speaker Baleka Mbete will have to fill his shoes for as long as a month?

Legal expert and political analyst Professor Richard Calland explains that, if Zuma is voted out, he and his Cabinet will have to vacate office, effective immediately.

The no confidence vote has immediate effect. Therefore the government has to step down and the Speaker (Baleka Mbete) would immediately become the acting president, according to the Constitution.

Professor Richard Calland, Public Law Lecturer at UCT

Read: If Baleka Mbete called Pierre de Vos for advice on the no confidence vote

The Constitution states that National Assembly would have to reconvene within 30 days in order to vote for a new president, under the watch of the Chief Justice (Mogoeng Mogoeng).

Calland explains that if Parliament failed to reach a decision on the right candidate to become President, then an early general election would have to be called.

He says that Mbete has lost her legitimacy amid questions about her conflict of interest as National Assembly Speaker and ANC's national chairperson.

He adds that in the case of a successful vote against Zuma, removed minsters could be re-appointed in the formation of a new Cabinet.

Also read: NEC decision to back Zuma 'ill-advised', says ANC MP Mondli Gungubele

Calland explored the outcomes of various scenarios, including:

  • if Deputy President Cyril Ramaphosa is appointed President
  • if the secret ballot matter is taken on review
  • if the matter would be considered urgent by the courts
  • the potential political gains for opposition parties
  • the possible effects of the motion on ANC's December elective conference

The principle of rationality has become embedded in South African Constitutional law. It means the Speaker has to take into accuount evidence beofre er

Professor Richard Calland, Public Law Lecturer at UCT

The evidence that has been emerging over the last few months is evidence of a government that should no longer be in office and a President who is no longer fit.

Professor Richard Calland, Public Law Lecturer at UCT

What we really need is National Assembly to do its job and remove the President and government.

Professor Richard Calland, Public Law Lecturer at UCT

According to Calland, there should ideally be an open vote in Parliament in order to promote transparency and other democratic values.

He explained the difference between the no confidence debate (section 102 of the Constitution) and the uncharted territory of an impeachment bid (Section 89 of the Constitution).

Take a listen to his insights:


This article first appeared on CapeTalk : Law expert answers big 'what-ifs' ahead of Zuma no confidence debate


Recommended

by NEWSROOM AI
Read More
SABC TV news staffers threaten to strike over 'unlawful' production unit merger

SABC TV news staffers threaten to strike over 'unlawful' production unit merger

The Television News Technical Personnel say the SABC must undo the merger or news employees will go on strike, union Bemawu warns.

Cosatu: planned strike against state capture a unanimous decision

Cosatu: planned strike against state capture a unanimous decision

Cosatu general secretary Bheki Ntshalintshali says the federation is united in its call for nationwide strike action on Wednesday.

DA, Saftu warn Gigaba and co to keep hands off PIC funds

DA, Saftu warn Gigaba and co to keep hands off PIC funds

Saftu general-secretary Zwelinzima Vavi says Finance Minister Malusi Gigaba is part of the "Zuma-Zupta agenda for looting".

Ex Sars officials to seek legal recourse after KPMG bins Sars 'spy unit' report

Ex Sars officials to seek legal recourse after KPMG bins Sars 'spy unit' report

Former Sars spokesperson Adrian Lackay says KPMG's half-hearted apology leaves many questions unanswered.

Holomisa: ANC out order for threatening MPs over no confidence vote

Holomisa: ANC out order for threatening MPs over no confidence vote

UDM leader Bantu Holomisa has urged ANC members of Parliament to listen to the public outrage.

If Baleka Mbete called Pierre de Vos for advice on the no confidence vote

If Baleka Mbete called Pierre de Vos for advice on the no confidence vote

Constitutional Law Expert, Pierre de Vos explains how he would advise the Speaker of Parliament on the no confidence vote.

Popular articles
[WATCH] Refentse Morake continues breaking cultural barriers through his music

[WATCH] Refentse Morake continues breaking cultural barriers through his music

The singer who says he's 'on the border of being Afrikaans and being African' joined Azania Mosaka for this week's #702Unplugged.

Trouble in the bedroom? Dr Shingai answers men's sex and baby-making questions

Trouble in the bedroom? Dr Shingai answers men's sex and baby-making questions

Urologist and sexual health guru Dr Shingai Mutambirwa fielded several questions from listeners on sexual and reproductive health.

What happens to our bodies if we cut out sugar

What happens to our bodies if we cut out sugar

Naked Scientist Chris Smith explains.

Why did Jussie Smollet fake his own attack? Eusebius and listeners weigh in

Why did Jussie Smollet fake his own attack? Eusebius and listeners weigh in

Eusebius McKaiser facilitates a debate on whether or not American actor Jussie Smollet faked his own attack.

[WATCH] SANDF members hilariously mess up a supposedly easy practice run

[WATCH] SANDF members hilariously mess up a supposedly easy practice run

Khabazela shares tweets and Facebook posts that have gone viral.

[LISTEN] Wife of Vele Investments' Madzonga flatly denies VBS involvement

[LISTEN] Wife of Vele Investments' Madzonga flatly denies VBS involvement

Vele Investments CEO Robert Madzonga's estranged wife Khosi shares her side of the story on the VBS saga.

‘We’d be crazy to copy! Sometimes we get it wrong. There's no culture problem'

‘We’d be crazy to copy! Sometimes we get it wrong. There's no culture problem'

The Money Show’s Bruce Whitfield interviews Ian Moir, CEO at Woolworths.

Is EOH corrupt? Is that why Microsoft ran for the hills? Its CEO explains…

Is EOH corrupt? Is that why Microsoft ran for the hills? Its CEO explains…

The Money Show’s Bruce Whitfield interviews Stephen van Coller, CEO at EOH Holdings.

'R23 million for rent a month seems huge. I don't think we could've done better'

'R23 million for rent a month seems huge. I don't think we could've done better'

The Money Show’s Bruce Whitfield interviews Adrian Gore, founder and Group Chief Executive Officer at Discovery Limited.