eNCA’s senior specialist reporter Karyn Maughan, and Criminal Law advocate and associate law professor at Wits James Grant, joined Eusebius Mckaiser to discuss the possible presidential impeachment, and an explanation behind what the majority said in the case.
Maughan says that the issue around Zuma’s judgment and possible presidential impeachment is quite extraordinary. She adds we have not dealt with impeachment as a country and it’s for this very reason, that there’s legal uncertainty.
According to the Constitution, Section 29, which is the important section here, you face impeachment if you as the President commit a serious violation of the Constitution or the law. If you commit an act of serious misconduct or if you are simply unfit.— Karyn Maughan, eNCA’s senior specialist reporter
Maughan says that the majority judgment found that in the wake of the Nkandla matter, the Constitutional Court’s verdict dealt with the way in which the President disregarded the remedial action of the Public Protector which ultimately constituted a Constitutional violation.
James Grant asked what a serious violation of the law was, adding that getting into the essence of the distinction, and unpacking what constitutes 'serious' is what is required.
The majority judgment took the view, that for them, what is serious is a question of 'fact', says Grant. He adds that with the minority, they took the view that what is serious is a 'value' judgment.
Grant says that in trying to make sense of it, you need to be able to answer that yourself. He adds that he personally cannot derive an answer that puts him in the category with the majority.
Grant says that the Chief Justice had a valid point when he took the view, that the term ‘serious’, is innately a value system.
I see it as being in the same category as trying to describe anything as bad, or good.— Karyn Maughn, eNCA’s Senior specialist reporter
Constitutionally, ANC has no power to recall Zuma as SA President. #Zuma was elected by Parliament, not by 86 #ANCNEC members. Constitution only provides for Impeachment (Section 89) & #NoConfidence (Section 102)— Hloni Nyetanyane (@HloniNyetanyane) January 9, 2018
Heeheehee Zuma is gonna take them to constitutional court.#ANC106 pic.twitter.com/BRHmexqpsI
Jacob Zuma must resign or face recall,or impeachment.We need new clean administration immediately....please retweet if you agree— Maphalu Milton (@MMaphalu) January 7, 2018
Want to hear more? Click on the audio below...
This article first appeared on 702 : [LISTEN] Understanding the Zuma Judgment and possible presidential impeachment