Pressure building on 'unconstitutional' NW acting premier

Constitutional law expert, Phephelaphi Dube, believes the appointment of the province's Finance MEC as a stand-in for North West Premier Supra Mahumapelo is unconstitutional. 

Nelson will lead the province while Mahumapelo is on a leave of absence. 

Dube says the constitution only allows for an acting premier if a person is out of the country or unable to perform the functions of his office.

According to the director at the Centre for Constitutional Rights, Nelson's appointment does not fall within these parameters.

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Premier Supra Mahumapelo was instructed by the Provincial Executive Committee (PEC) to withdraw his resignation and take special leave, and Nelson was appointed to fill in until the inter-ministerial task team concludes its investigations into governance irregularities in the province.

According to Dube, the PEC had no powers to appoint Nelson.

"The PEC through the members of the Provincial Legislature should either remove the premier through a vote of no confidence or they can impeachment him, but then there is also the third option which is a political solution, where the ANC revokes Premier Supra's membership of the ANC."

The Economic Freedom Fighters (EFF) leader, Julius Malema has vowed to approach the courts if the governing party does not retract the appointment. 

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"We are going to write them a letter today to tell them that if they don't remove that, we are going to make an urgent application to court.

"What is this unconstitutional thing you allowed the 'new dawn' to do?" 

Dube dubbed the appointment as an "obvious wrong reading of the constitution".