Recently, while fielding questions from eager students on how, according to the Constitution, the President is appointed and removed from office, I realised it was insufficient to answer their question without also referring to the constitution of the ANC.section 86 of the Constitution provides that at its first sitting, after its election, and whenever necessary to fill a vacancy, the national assembly must elect a woman or man from among its members to be the President.
The relationship between the parliamentary and non-parliamentary wings of the ANC and the relationship between the Constitution of the Republic of South Africa and a ruling party’s constitution should be understood within our understanding of constitutional literary.
The famous secret ballot case decided by the Constitutional Court in 2017 dealt with this tension intrinsic to the design of our constitutional democracy which is the dual responsibility of our Members of Parliament as representatives of the electorate and simultaneously as representatives of their political parties.
it is not practical for all 55 million of us to assume governance responsibilities and function effectively in the three arms of the State and its organs, and therefore “we the people” designated messengers or servants to run our constitutional errands for the common good of us all. Implicit in this statement is a deep-seated concern regarding the effectiveness of Parliament’s constitutionally-prescribed accountability-enforcing mechanisms.
It can never be in our constitutional democracy that MPs and the Speaker can be exempted from their constitutional responsibilities by their party obligations. To the contrary, Kgalema Motlanthe stated that MPs are not “hirelings of the ANC” but public representatives who took an oath to be faithful to the Constitution of South Africa.
🤣🤣🤣🤣🤣🤣
Oh FFS. Since when 🙄
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