12 December 2018

Southern Africa: Concourt Slams Zuma for Signing Unconstitutional SADC Deal

Photo: allafrica.com
Top: Constitutional Court. Bottom: Former president Jacob Zuma.
analysis

The Constitutional Court has again ruled against former president Jacob Zuma. The court said in a judgment that his role in thwarting the powers of the SADC Tribunal was unconstitutional, unlawful and irrational. The court upheld South Africa's commitment to international human rights.

The Constitutional Court issued a scathing judgment against former president Jacob Zuma's decision to sign a South African Development Community (SADC) decision in 2014 that removed its tribunal's powers over member states in the wake of Zimbabwe's land reform dispute.

On 11 December, the court confirmed an order made by the North Gauteng High Court and said the president must withdraw his signature from the agreement.

"The president's decision to render the tribunal dysfunctional is unconstitutional, unlawful and irrational. And so is his signature. The appropriate remedy is simply to declare his participation in arriving at that decision, his own decision and signing...

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