'Only Parliament can decide if Zuma stays or goes'

There are questions around whether or not President Jacob Zuma will be recalled now that there is a new party leader and National Executive Committee (NEC) for the African National Congress (ANC).

Bongani Bingwa spoke to Cathy Powell, Senior Lecturer in Public Law at University of Cape Town, to unpack the many possible scenarios.

Despite the legal challenges hanging over Zuma, Powell says he is still allowed to sit as president.

Our Constitution doesn't provide immunity to the President from such charges, but it also doesn't say that the President has to leave office if charges are leveled.

Cathy Powell, Senior Lecturer in Public Law at University of Cape Town

The Constitution leaves it to a president with no shame to try and hang on to the post, once he has been charged with criminal misconduct.

Cathy Powell, Senior Lecturer in Public Law at University of Cape Town

The party might decide that he is too much of an embarrassment and a burden to keep going and in that case they could say to him resign or we will remove you.

Cathy Powell, Senior Lecturer in Public Law at University of Cape Town

She says, however, Parliament can fire him either through impeachment or a process of no confidence.

For a president to be impeached and to lose his job under Section 89, he doesn't have to be found guilty in a court of law. He needs Parliament to decide whether he is guilty of violating the Constitution or serious misconduct, that is different from a criminal standard.

Cathy Powell, Senior Lecturer in Public Law at University of Cape Town

They could take any one of the hundreds of matters in which Zuma has been implicated as the basis for impeachment proceedings.

Cathy Powell, Senior Lecturer in Public Law at University of Cape Town

Click on the link below to listen to the full interview....


This article first appeared on 702 : 'Only Parliament can decide if Zuma stays or goes'


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