UDM leader Bantu Holomisa. File picture: Armand Hough/African News Agency (ANA)
UDM leader Bantu Holomisa. File picture: Armand Hough/African News Agency (ANA)

Holomisa’s call for interim government to replace ANC makes no sense, says law expert

By Samkelo Mtshali Time of article published Apr 6, 2021

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UDM leader Bantu Holomisa’s call for the ANC to relinquish power and for the installation of an interim government to run the country until the 2024 general elections has no provision in the South African Constitution, says a constitutional law expert.

On Monday Holomisa said that the ruling party should hand over power to the apex court which would, together with South Africans, discuss what kind of interim government would be put in charge until 2024.

“The ANC will have an opportunity to go and self-correct itself outside the government. The interim arrangement can work with Parliament, but the executive arm of the ruling party has messed up this country. They must leave,” Holomisa said.

His comments come in the wake of reports of growing tension between the factions within the ANC after secretary-general Ace Magashule was asked to step down in line with a resolution of the ANC national executive committee for leaders implicated in serious charges to step aside.

Holomisa took to his Twitter account and posted: “This implosion is going to affect us all. Interim government till 2024 might save us from #ComradesInCorruption.”

However, Lawson Naidoo, executive secretary of the Council for the Advancement of the South African Constitution, said Holomisa’s statement did not find resonance with the South African Constitution.

“Mr Holomisa’s statement makes no sense whatsoever. There’s no constitutional provision for that. The Constitution contains a system of checks and balances and process for the election of the members of the executive.

“There’s no need for us to look outside the Constitution to determine the mode of governance in the country. Mr Holomisa’s statement doesn’t hold any water in terms of the analysis of our Constitution. It makes no sense whatsoever,” Naidoo said.

Political Bureau

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