'President's constitutional duty is to appoint a deputy president without delay'

The 6th Parliament officially opened on Wednesday and MPs were sworn in taking their oath of public office to serve in the National Assembly.

However, African National Congress (ANC) Deputy President David Mabuza and national executive committee (NEC) member Nomvula Mokonyane were not part of that list.

Read: Deputy president David Mabuza postpones swearing-in as MP

ANC President Cyril Ramaphosa in a statement cited that Mabuza made this request in light of an integrity commission report.

Mokonyane, on the other hand, asked the ANC to reconsider her deployment to Parliament as House chairperson.

Former National Assembly Speaker Baleka Mbete and former Finance and Home Affairs Minister Malusi Gigaba withdrew their names from the party's parliamentary list.

Also read: 'The criminals in the ANC will gang up on Cyril Ramaphosa'

To discuss these developments, Thembekile Mrototo on the Xolani Gwala Show speaks to University of Cape Town (UCT) professor Pierre de Vos and University of Johannesburg (UJ) associate professor Mcebisi Ndletyana.

The president can appoint anyone who is a member of the National Assembly, but it is a bit unclear as to whether the president has to appoint his deputy on Saturday or not. If there is no appointment on Saturday, then there will be a vacancy at least for a few days.

Pierre de Vos, Constitutional law professor - UCT

The Constitution says where one has a constitutional duty to appoint a deputy president as in the case of the president, that duty needs to be fulfilled without delay.

No one and no court has told us what that means in practice, and I suspect it means different things in different contexts.

Pierre de Vos, Constitutional law professor - UCT

Ndletyana says the postponement of Mabuza's swearing-in would seem like it is the end of the road for him as Ramaphosa's right-hand man in Parliament.

There have been several questions over his suitability for the number two position. He has a terrible record and has been a mafia of sorts when he was the premier of Mpumalanga.

Mcebisi Ndletyana, Associate professor - UJ

Ndletyana notes that even though Mabuza played a pivotal role in Nazarec, his own history is tainted and is also vulnerable to the accusations that the ANC has not transformed.

It is quite good for the ANC not to have someone who lacks integrity in Parliament.

Mcebisi Ndletyana, Associate professor - UJ

He says for the ANC to restore its integrity and regain the complete confidence of the public, it needs to adhere to those principles.

If you breach your oath of office and you are accused of stealing money, that breach of office has to apply to everyone and not be selective.

Mcebisi Ndletyana, Associate professor - UJ

Listen below to the full interview:


This article first appeared on 702 : 'President's constitutional duty is to appoint a deputy president without delay'


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