Cathy Powell: The ANC's constitution is subordinate to the Constitution of SA

Senior lecturer in public law at the University of Cape Town, Dr Cathy Powell says it won't be easy for President Jacob Zuma to single out members of the ANC who voted against him during the motion of no confidence and discipline them.

Zuma says that the constitution of the ANC prohibits members from collaborating with the opposition against the ANC, therefore those members who went against the constitution should be punished.

Powell says this in a way is an admission that Parliament cheated during the secret ballot because how else would they know who voted with the opposition if it was secret.

She says the constitution of South Africa, which is above the ANC's constitution, was clearly clearly by Chief Justice Mogoeng Mogoeng during the secret ballot judgement.

Read: ANC's reaction post motion of no confidence "absolutely shocking" - Verwoerd

The constitution of the ANC is unfortunately subordinate to the constitution of the country.

Dr Cathy Powell, Senior lecturer in public law at the University of Cape Town

If you are claiming that you know who voted against you then you did not hold a secret ballot ... and if you are merely suspecting that someone voted against you then you definitely have no reason to dig them out...

Dr Cathy Powell, Senior lecturer in public law at the University of Cape Town

To hear the rest of the interview, listen below:


This article first appeared on 702 : Cathy Powell: The ANC's constitution is subordinate to the Constitution of SA


CapeTalk 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 CapeTalk community a safe and welcoming space for all.

CapeTalk 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.

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

Read More
ANC's reaction post motion of no confidence "absolutely shocking" - Verwoerd

ANC's reaction post motion of no confidence "absolutely shocking" - Verwoerd

Former ANC MP Melanie Verwoerd shares her views on the failed motion of no confidence and what she thinks will be the next move.

What the rule book says about MP rebels

What the rule book says about MP rebels

Professor Pierre de Vos unpacks what is likely to happen to an MP that votes with the opposition in a motion of no confidence.

How to turn South Africa into a nation of start-ups

How to turn South Africa into a nation of start-ups

The Money Show’s Bruce Whitfield interviews The Clothing Bank CEO Tracy Chambers.

DA's motion of dissolving Parly has no chance of success - Pierre de Vos

DA's motion of dissolving Parly has no chance of success - Pierre de Vos

The Democratic Alliance has announced that it intends to table a motion to dissolve the National Assembly later on Thursday.

CapeTalk is back on air

CapeTalk is back on air

Our transmitter is working again but at lower signal strength. Please consider using the stream while work continues.

[OPINION] Grootes: Zuma weaker after no confidence vote

[OPINION] Grootes: Zuma weaker after no confidence vote

Stand-in breakfast host Stephen Grootes weighs the numbers against President Jacob Zuma and explains what this means.

Analyst: Zuma not out of #SecretBallot woods

Analyst: Zuma not out of #SecretBallot woods

Political analyst Karima Brown says there's a lot going on behind the scenes after a failed motion of no confidence in the president.

Holomisa: ANC mistaken, it did not win secret ballot ruling

Holomisa: ANC mistaken, it did not win secret ballot ruling

UDM leader Bantu Holomisa says that Baleka Mbete's arrogance and blind loyalty to the ANC and Zuma has put them in this mess.

"Convertibles age badly"

"Convertibles age badly"

Car guy, Phakamile Mzimela discusses whether or not convertible cars are worth the purchase. 

Gupta plot was "a spectacular con"  #GuptaLeaks

Gupta plot was "a spectacular con" #GuptaLeaks

Ranjeni Munusamy, Associate Editor at the Daily Maverick says the Gupta's have purchased indemnity.

Entrepreneurs be on the look out for a geyser scam

Entrepreneurs be on the look out for a geyser scam

Be warned of a scam purporting to be from the Department of Public Enterprises asking for quotations on geysers.

Popular articles
Oscar's family unhappy with producers as movie makes SA debut this weekend

Oscar's family unhappy with producers as movie makes SA debut this weekend

The movie stars Joburg-born actor Andreas Damm as Pistorius and Victoria Secret model Toni Garrn as Reeva Steenkamp.

MiCasa releases 2 minute shower song to save water

MiCasa releases 2 minute shower song to save water

Sanlam has challenged 10 of SA's biggest artists to remix their top selling songs into two minutes.

Statement to remove LLB programme from SA universities is misleading: Max Price

Statement to remove LLB programme from SA universities is misleading: Max Price

Max Price says Council on Higher Education's announcement that UKZN, UCT and UL could lose their LLB accreditation is not right.

[LISTEN] Retired Zimbabwean colonel shares his perspective on current 'coup'

[LISTEN] Retired Zimbabwean colonel shares his perspective on current 'coup'

Stephen speaks to Retired Lieutenant Colonel Martin Rupiya .

Is taking items from the hotel room stealing?

Is taking items from the hotel room stealing?

Tsogo Sun Cape regional manager explains which items are free to be taken home by guests and why.

WATCH: Innovative spray limits toilet flushes and saves water

WATCH: Innovative spray limits toilet flushes and saves water

Loo Me is a simple yet effective scented foam that takes the yuck out of "mellowing" toilets preventing multiple flushes.