21 April 2017

South Africa: Party-State Conundrum - Holomisa and Zuma Go Head to Head in Court Bid Over a Secret Ballot

analysis

A special costs order should be made against President Jacob Zuma for conflating his role as South Africa's president and ANC president "in an abuse of process" in opposing a secret ballot in Parliament's motion of no confidence. It's another twist in the United Democratic Movement's application to the Constitutional Court on the issue. "(Zuma) then starts to lecture the court about party discipline and gives chapter and verse of the ANC constitution and disciplinary code when his duty as President is to protect the Constitution of the Republic above else," UDM leader Bantu Holomisa argues in support of such an order. By MARIANNE MERTEN.

It was President Jacob Zuma's expansive 19 paragraphs under the heading "The Party Discipline Principle" that set the cat among the pigeons. The ANC as a voluntary organisation, Zuma argued, with the right to determine its own rules like Section 5.2.7. that requires ANC members to "observe discipline, behave honestly and carry out loyally the decisions of the majority and decisions of higher bodies". If they did not, disciplinary proceedings may be instituted under Section 25.

Because MPs are elected to legislatures on party lists, Zuma argued, "this obliges a member of a party... to...

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