Last Friday I watched the 2007 film, “The Color of Freedom,” rechristened “Goodbye Bafana.” It is the intriguing story of the imprisonment of Nelson Mandela and his inter-action with his jailer, James Gregory. To my surprise, I found myself in tears several times, moved by the nobility of which some human beings are capable. This set me to thinking about the presidency of South Africa and the battle being waged against the present incumbent.
Some people disapprove of the election of our presidents by parliament instead of directly by the people. I totally disagree. As one of those who helped draw the constitution I can say that we felt that there were too many “big men” in Africa. Presidents with their own mandate are more independent and are not answerable to parliament and the representatives of the people. Even though we had someone of the calibre of Nelson Mandela we did not want him and his successors to be able to ignore parliament. Our country did not need a “big man.”
Presidents elected by the people are not subject to votes of no confidence or “recall” as was done by the ANC to President Mbeki. Directly elected presidents generally can be removed, to use the American term: “for high crimes and misdemeanors” by impeachment. In the United States only two presidents have ever been impeached, Andrew Johnson in 1868 and Bill Clinton in 1998. Both impeachments failed and the president continued in office.
Our constitution does provide for the removal of a president, but requires a two thirds majority of MPs and then only on the grounds of a serious violation of the Constitution or the law; serious misconduct, or inability to perform the functions of office. A president whose party has a majority in parliament really need not consider the possibility of being impeached. This was how President Zuma escaped impeachment even though found by our Constitutional Court to have violated the Constitution.
A motion of no confidence in the president is a much simpler and more effective procedure needing only a simple majority. That is what President Zuma will face on 8 August. Or that is the drama that most of South Africa expects will be tested in Parliament that day. I do not expect the No Confidence motion to proceed then or any time soon.
The Rules of Parliament do not provide for a secret ballot of members on motions of this type. In response to a clamour from the media, some of the political parties and many members of the public, one of the parties applied to Court for an order instructing the Speaker to arrange for a secret ballot.