Johannesburg - It’s expected the ANC’s top brass will spend the weekend locked in crisis talks after the Constitutional Court’s ruling against President Jacob Zuma on Thursday. The party’s top six leaders were to study the court’s judgment and its implications.
The highest court in the land found Zuma had failed to uphold, defend and respect the constitution.
#ConCourt: Zuma must pay back the money
Read: Zuma ‘notes and respects’ ConCourt ruling
This comes in the wake of Zuma failing to adhere to the remedial action set down in Public Protector Thuli Madonsela’s report on Nkandla.
The unanimous ruling by the 11 judges of the Constitutional Court that Zuma had violated his oath of office had opposition parties united in calling for Zuma’s head.
Zuma’s oath of office states:
“In the presence of everyone assembled here and in full realisation of the high calling I assume as President of the Republic of South Africa, I, Jacob Gedleyihlekisa Zuma, solemnly affirm I will be faithful to the Republic of South Africa and will obey, observe, uphold and maintain the constitution and all other law of the Republic; and I solemnly and sincerely promise I will always:
* Promote all that will advance the Republic and oppose all that may harm it.
* Protect and promote the rights of all South Africans.
* Discharge my duties with all my strength and talents to the best of my knowledge and ability and true to the dictates of my conscience.
* Do justice to all.
* Devote myself to the well-being of the Republic and all its people. So help me God.”
In addition to the opposition parties launching a bid to impeach Zuma, Archbishop Thabo Makgoba of the Anglican Church and the director of Corruption Watch, David Lewis, also expressed their satisfaction with the ConCourt’s ruling, mounting pressure on the ANC to act against the president.
The EFF and DA led the charge against Zuma, stating if the ANC failed to recall him they would seek his impeachment in Parliament.
EFF leader Julius Malema, whose party took the Nkandla matter to ConCourt, said: “In-between now and the impeachment the president will not speak in Parliament. We will stop him physically. We will push him. Zuma is no longer the president of SA. That judgment has serious implications that he can no longer hold that office. We are not going to sit back and allow the continuation of violation of the constitution by Parliament.”
Malema also called for Parliament to be dissolved and for early elections to be called after the court also found the National Assembly had flouted the constitution. He said South Africans must launch their own protests similar to the current demonstrations in Brazil, shutting down businesses and marching for Zuma’s removal from office.
#ICYMI Here's a summary of #JuliusMalema media briefing earlier: https://t.co/riabYrzQSj
— The Star (@TheStar_news) March 31, 2016
“You’ve seen what happened in Brazil. Demonstration is the only way, what else are we left with? If Zuma is going to continue to stay in office he is leaving us with no option but to engage in practical steps to remove him. South Africans will have to take charge now.”
Malema said Thursday’s judgment sought to “rescue the constitution and our country”.
DA leader Mmusi Maimane said he had written to the Speaker of the National Assembly, Baleka Mbete, notifying her of the party’s intentions and that they had tabled a notice of motion resolving to remove Zuma from office “in terms of section 89(1)(a) of the constitution”.
UDM leader Bantu Holomisa was blunt: “I advised him (the president) on an exit strategy. He did not listen. Zuma messed up.”
Equally pleased with the ruling was Archbishop Makgoba.
#Nkandla judgment: what political parties say
“I hope that today’s Constitutional Court judgment finding that both President Zuma – in seeking to dodge the Public Protector’s findings on Nkandla – and Parliament – in seeking to protect the president – acted unlawfully, will give public servants and others new courage to speak out – and generate not just a wave but a tsunami of truth-telling. Today is a great day for constitutional democracy in South Africa.”
Madonsela was more muted on the findings. “My job was to protect the public by determining if somebody’s conduct was improper and how that should be fixed. That is what I did and now the Constitutional Court has confirmed that I have done my job. The rest of the job belongs to someone else,” she said.
The Constitutional Court order on the matter read:
* The remedial action taken by the Public Protector against President Jacob Gedleyihlekisa Zuma in terms of section 182 (1)(c) of the constitution is binding.
* The failure by the President to comply with the remedial action taken against him by the Public Protector… is invalid.
* The National Treasury must determine the reasonable costs of those measures implemented by the Department of Public Works at the President’s Nkandla homestead that do not relate to security, namely the visitors’ centre, the amphitheatre, the cattle kraal, the chicken run and the swimming pool only.
* The National Treasury must determine a reasonable percentage of the costs of those measures which ought to be paid personally by the President.
* The National Treasury must report back to this court on the outcome of its determination within 60 days of the date of this order.
* The President must personally pay the amount determined by the National Treasury in terms of paragraphs 5 and 6 above within 45 days of this court’s signification of its approval of the report.
* The President must reprimand the ministers involved pursuant to paragraph 11.1.3 of the public protector's remedial action.
* The resolution passed by the National Assembly absolving the President from compliance with the remedial action taken by the public protector… is invalid and is set aside.
It is this judgment that the top six leaders of the ANC - Zuma, secretary general Gwede Mantashe, deputy president Cyril Ramaphosa, chairwoman Baleka Mbete, deputy secretary general Jessie Duarte and treasurer-general Zweli Mkhize - would study and debate over the weekend.
Read: Zuma not about to pushed from office, says analyst
The top six would then have the final say if any action was to be taken against Zuma.
Cape Argus