EXPLAINER: Step-by-step guide to Zuma's exit
The National Executive Committee (NEC) of the African National Congress (ANC) has decided to 'recall' President Jacob Zuma. While the recall is purely an ANC process, removing a sitting president is a Constitutional issue.
Exactly what does the Constitution say about the removal of a president from office?
Zuma has to resign or face the possibility of a motion of no confidence passed in him by the National Assembly. The impeachment process is also available, but no rules in terms of section 89 have thus far been adopted by the Parliament.
1. Resignation (Recalled by the ANC)
How?
- President Jacob Zuma informs Speaker of the National Assembly, Baleka Mbete of his resignation.
Effects?
- President Jacob Zuma will be entitled to his benefits (i.e pension, security)
Who is the next president?
- Deputy president, Cyril Ramaphosa
Time constraints?
- Within 30 days, MPs must nominate new President
- Chief Justice, Mogoeng Mogoeng, presides over the election of new President.
- If contested a secret vote will be allowed by the National Assembly.
2. Motion of no confidence
How?
- The President must then resign. President Jacob Zuma informs Speaker of the National Assembly, Baleka Mbete of his resignation.
- Simple majority (50% + 1)
Effects?
- All Ministers and Deputy Ministers also must resign.
- President Jacob Zuma will be entitled to his benefits (i.e pension, security)
Who is the next president?
- Speaker, Baleka Mbete until National Assembly appoints another member.
Time constraints?
- Within 30 days, MPs must nominate new President.
- Chief Justice, Mogoeng Mogoeng, presides over the election of new President.
- If contested a secret vote will be allowed by the National Assembly.
(Information by director at the Centre for Constitutional Rights, Phephelaphi Dube)