Two options for ANC in Parliament if Zuma refuses ‘recall’: analyst

If President Jacob Zuma refuses to resign as president of the country following his recall by the African National Congress‚ two options remain for the party to remove him from the position.

ANC secretary general Ace Magashule said on Tuesday the ANC national executive committee had decided to “recall” its deployee Zuma.

If Zuma accedes to the recall request‚ he would need to resign as president‚ creating a vacancy in the presidency that needs to be filled.

The Constitution states that the Chief Justice must preside over the election of the new president‚ not more than 30 days after the vacancy occurs.

However‚ it is not clear whether Zuma will accede to the ANC’s demand. The ANC indicated that Zuma would respond to the recall demand on Wednesday.

There is no provision in the Constitution forcing the president to resign.

Centre for Constitutional Rights director Phephelaphi Dube said it would be up to the ANC in Parliament to institute the motion of no confidence or impeachment proceedings if Zuma did not resign of his own accord.

Dube said the route of impeachment of the president was not yet available as there were no rules yet regulating the removal of the president on the grounds of serious violation of the Constitution or the law or serious misconduct.

She said the impeachment proceedings were a fact-based inquiry to establish whether the president had violated the law or was unable to perform the functions of office.

She said the ANC in Parliament might also adopt a motion of no confidence in the president.

“If the president is removed by the motion no confidence‚ the other members of the Cabinet‚ including the deputy ministers‚ should also resign‚” Dube said.

Dube said there was no guarantee in the motion of no confidence scenario that Zuma’s deputy would be president.