[LISTEN] Understanding the Zuma Judgment and possible presidential impeachment

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

Want to hear more? Click on the audio below...


This article first appeared on 702 : [LISTEN] Understanding the Zuma Judgment and possible presidential impeachment


Recommended

by NEWSROOM AI

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
Eusebius: 'I think the CEOs of MultiChoice and Supersport were pathetic'

Eusebius: 'I think the CEOs of MultiChoice and Supersport were pathetic'

Eusebius and callers discuss the media briefing by Supersport and MultiChoice CEOs regarding the Ashwin Willemse incident.

'It's not a competition' - How to avoid bad blood in blended families

'It's not a competition' - How to avoid bad blood in blended families

Blended and step families have to manage various personalities and insecurities in order to make things work, a psychologist says.

[LISTEN] When is it OK to tell someone else's story of abuse?

[LISTEN] When is it OK to tell someone else's story of abuse?

Eusebius's panel and callers have mixed reactions to radio presenter Masechaba Ndlovu's talking about Babes Wodumo's abuse claims.

Addicted to your smartphone? There's a new app for that

Addicted to your smartphone? There's a new app for that

The app, called Siempo, wants to wean you off from your device and its numerous attention-stealing apps. Aki Anastasiou explains.

Eusebius: 'Needing to know what happened before the Supersport video is BS'

Eusebius: 'Needing to know what happened before the Supersport video is BS'

Callers on The Eusebius McKaiser Show stand behind Ashwin Willemse who walked off the Supersport Rugby set on Saturday.

ANC must ensure Zuma's recall not a repeat of Mbeki's - analyst

ANC must ensure Zuma's recall not a repeat of Mbeki's - analyst

Recalling Zuma without tact threatens to weaken the ANC and embolden opposition parties, says political analyst Tinyiko Maluleke.

Popular articles
We're not just cyclists - CT man turns punch-up with driver into safety message

We're not just cyclists - CT man turns punch-up with driver into safety message

He was punched in the face by a motorist last week and tracked the driver down for a meet-up, instead of laying charges.

[WATCH] The spectacular moment AB de Villiers bent the laws of physics

[WATCH] The spectacular moment AB de Villiers bent the laws of physics

The world now knows never to underestimate the athletic form of SA cricketer AB de Villiers after this gravity-defying catch.

[LISTEN] Dailene, the lady behind the video from Thursday's heist in Boksburg

[LISTEN] Dailene, the lady behind the video from Thursday's heist in Boksburg

Another heist was carried out in Boksburg on Thursday morning and led to five people being arrested.

Health Minister proposes scrapping of medical aid co-payments

Health Minister proposes scrapping of medical aid co-payments

The eradication of medical aid co-payments is one of a number of changes to the medical aid scheme proposed by Aaron Motsoaledi.

SANDF soldier arrested for robbery on trial for attempted murder

SANDF soldier arrested for robbery on trial for attempted murder

Operations chief, General Barney Hlatshwayo's personal driver was arrested on Tuesday.

3 emergency numbers you should have on speed dial and how they work

3 emergency numbers you should have on speed dial and how they work

These are the emergency numbers you should have on your cellphone and this is what you must understand about how they work.