What you need to know about the motion of no confidence

What you need to know about the motion of no confidence

President Jacob Zuma is facing a motion of no confidence in Parliament today - after the Democratic Alliance wrote to parliamentary Speaker Baleka Mbete, requesting the motion be debated before the House.

Jacob Zuma in Parliament_gcis
Photo: GCIS

Members of Parliament are currently debating the no-confidence motion tabled by the opposition - on the basis that President Zuma is unfit to hold office.


But what exactly does a motion of no confidence mean?


Section 102(2) of the Constitution makes provision for the National Assembly, by way of voting, to pass a motion of no confidence in the President. 


A no-confidence vote implies that the President is no longer deemed fit to hold that position, by his constituents.


Opposition parties first need to present arguments before Parliament, necessitating their vote of no confidence in Zuma. 


The reasoning behind this process is that since MPs are able to elect the leader of the government - and effectively give him or her a mandate to govern, they may also withdraw that mandate. 



Is this an impeachment?


Should the majority vote be carried, this will then preempt an impeachment - which would require the President to resign. (Parliament makes provision for such proceedings through its Rules.) 


A motion of no confidence differs from an impeachment - or the legal removal of the President - according to section 89 of the Constitution. 


The removal may take place by a resolution of the National Assembly adopted with a supporting vote of at least two-thirds of its members, and only on grounds of serious violation of the Constitution, serious misconduct, or the inability to perform the functions of office. 


A motion of no confidence is a moral test, while the impeachment proceedings are a factual test. This means that should the Constitutional Court make an adverse finding against Zuma regarding his conduct - where the law or the Constitution has been violated - then this could constitute a factual ground for impeachment proceedings.



Why are some MPs voting against Zuma?


President Zuma's recent implication in the former Public Protector's State of Capture Report, is one of the reasons why the opposition is pursuing a no confidence vote against him. 


Various concerning matters have been raised within the report- with the president, and some of his children being named and linked to questionable business and political deals. The Public Protector also sought clarity on the President's relationship with the Gupta family. But audio recordings of her meeting with Zuma proved that the president wasn't about to speak on the matter. 


The Public Protector has urged the establishment of a judicial commission, to further probe the matter. 


The call for Zuma's removal as leader of the nation has been made by opposition parties, as well as notable ANC stalwarts.


Former President Thabo Mbeki wrote a letter calling for Zuma's resignation, while stalwarts Frank Chikane, Sipho Pityana and Ahmed Kathrada have publicly called for the President to step down. 


ANC NEC member Jackson Mthembu recently called for an overhaul of the party's entire National Executive Committee. 


Analysts say although most of the opposition will sway towards the call for impeachment - ANC MPs will be divided. 


The Parliamentary sitting - with which this decision rests - is currently underway.


Show's Stories