Zuma, you broke your oath

Pleas for president’s recall reach a crescendo as ANC holds crisis talks after damning court ruling

ANC leaders went into impromptu crisis talks yesterday afternoon as President Jacob Zuma’s position was made untenable by a crushing Constitutional Court ruling that questioned his ability to uphold the law – and ultimately his oath of office.

The party’s top six, which includes Zuma, may yet decide to refer the matter of the president’s future to an emergency national executive committee (NEC) meeting at which the slim possibility exists that he may be recalled.

Ultimately, it will be parliament that decides Zuma’s fate. In a unanimous decision, the Constitutional Court yesterday held that Zuma – in failing to implement the remedial actions handed down by public protector Thuli Madonsela – had acted contrary to the constitution.

The judgment went decidedly against a plea by Zuma’s legal counsel, Advocate Jeremy Gauntlett SC, that the court should not arrive at a ruling that would open the president up to impeachment proceedings.

The EFF, DA and the United Democratic Movement (UDM) have all called for Zuma’s removal from office. DA leader Mmusi Maimane said the court’s ruling was clear.

“President Jacob Zuma’s action amounts to a serious violation of the constitution, and constitutes grounds for impeachment,” he said.

“I have therefore written to the Speaker of the National Assembly, Baleka Mbete, notifying her of such, and have tabled a notice of motion resolving to remove President Zuma from office in terms of Section 89(1)(a) of the constitution.”

Former ANC treasurergeneral Mathews Phosa said Zuma’s position as president had become even more controversial than before. “The whole country now waits with bated breath to hear whether he‚ and my party‚ the ANC‚ will do the right thing and relieve us of this crippling nightmare,” Phosa told businessmen in Phalaborwa yesterday.

“We need a new beginning‚ fresh and selfless leadership and a collective that finds a cause bigger than itself.” Madonsela said the judgment was historic and confirmed the supremacy of the constitution and the rule of law.

“The court has made clear that the constitution and law apply to everyone, irrespective of who and where they are,” she said.

The ruling comes only a week after the NEC affirmed its support for Zuma following allegations of state capture by the infamous Gupta family, whose apparent hold over Zuma was made increasingly difficult to deny following admissions by former ANC MP Vytjie Mentor and incumbent Deputy Finance Minister Mcebisi Jonas that they had been offered ministerial positions by the family.

However, the ANC NEC offered its conditional support for Zuma – only as far as his ability to appoint ministers as empowered by the constitution – but his violation of the constitution, as found by the Constitutional Court, may be a bridge too far.

Yesterday’s judgment was equally scathing of parliament and ministers involved in the Nkandla debacle.

The court ruled that the National Assembly – charged with holding the executive to account – failed in its duty and acted illegally.

Chief Justice Mogoeng Mogoeng dismissed Zuma’s and parliament’s assertion that Madonsela’s remedial actions were not binding.

With the help of the court’s 10 other judges, he declared that the public protector’s findings had a binding effect.

The court said Zuma had failed to uphold‚ defend and respect the constitution as the supreme law of the land.

“State resources belong to the public‚ as does state power,” it said.

“The repositories of these resources and power are to use them on behalf and for the benefit of the public.” The court said Zuma had failed to assist and protect Madonsela and ensure her independence‚ impartiality‚ dignity and effectiveness by complying with her remedial action.

“[The public protector] is the embodiment of a biblical David – that the public is – who fights the most powerful and very well-resourced Goliath – that impropriety and corruption by government officials are,” it said.

EFF leader Julius Malema, whose party brought the matter before the Constitutional Court, said: “The highest court in the land and 11 judges all agreed that this was a violation of the constitution.

“Without the constitution we are another failed African state.

“This is an opportunity for South Africans to unite and remove Zuma from office.”

Malema called on other opposition parties as well as South Africans to take to the streets and compel Zuma to step down.

“There should be closure of business and allowing of workers and unions to join the march to remove Zuma,” he said.

“We need combined resources – financial and human resources – to remove Zuma.

“The ANC and parliament will not do this without pressure from people on the ground.” – Additional reporting by TMG Digital