Con Court Judgement: President Zuma has to pay back the money. And associated legal costs.

NickWiggill

Perhaps not OT for this site, but OT for all of us as citizens and residents.

The judgement was handed down at 11am today by the Constitutional Court. Apparently the National Treasury has to report back to the Constitutional within 60 days outlining the costs to be repaid. There are several other stipulations that must be complied with. The Public Protectors report was found to be valid and binding.

JZ also has to reprimand all ministers who were complicit in this action.

Interesting. Something of a fresh start for South Africa today? I wonder what the immediate future holds.

Elyaradine

I never know if OT means on-topic or off-topic. :D

I watched the last 20 minutes or so. I imagine it's a conscious choice, but the judge was saying that it JZ and the National Assembly's decisions were "inconsistent with <xyz> lines in The Constitution". Is that the same thing as being unconstitutional? And if so (I don't see why it wouldn't be), then is there some sort of legal requirement that has to happen, aside from paying back the money? Is impeaching the President something that has to happen then, or is it still up to the ANC or Parliament, in which case I imagine pretty much nothing will happen?

I'm cautiously optimistic, about both this and the US elections.

NickWiggill

Impeachment as I understand it is a choice on the part of the MPs, so it is by no means guaranteed, but I think there are plenty within the ANC caucus(?) who now want him gone. He is ruining opportunities for potential future (ANC) leaders if only by the devaluing of the Rand. I believe today's judgement might not even have been what it is, were that not the case - i.e. a degree of ANC of approval was, I think, a requirement for this to take place. However, refer to the last impeachment attempt around the flight of Al-Bashir. It requires a 2:1 vote in Parliament to pass. That means a large portion of the ANC MPs must vote in favour - perhaps as many as half.

The DA have immediately tabled a notice of motion resolving to remove President Zuma from office in terms of section 89(1)(a) of the Constitution. So the impeachment process is already (once again) underway, apparently.

My understanding is that on every count which was previously assumed to be unconstitutional by the PP's office with regards to Nkandla, JZ and his complicit ministers have now been found to have acted unconstitutionally which is grounds at least for his removal. Whether it will translate into action or not...? We live in interesting times.

Tuism

Removal by whose authority? The constitutional court? Can they decide that?

Now there's talk of a bill that'll "criminalise racism". Which obviously the ANC hopes to use as a blunt instrument to shut down opposers, as opposed to actually fighting racism, because it's OBVIOUS that criminalising racism would basically hit BEE first and foremost if it's taken at face value.

http://businesstech.co.za/news/columns/118312/15-reasons-why-the-anc-racism-bill-is-a-bad-idea/

Hope this gets shunted by the con court too. But damn, this country is wasting a fuckton of time and money battling "constitutionality" when it has actual problems to deal with with that time and money.

NickWiggill

@Tuism, no, not by the CC - impeachment is down to a 2:1 parliamentary vote. I think the DA knows nobody wants to be on a sinking vessel and with this ruling by the CC, JZ's ANC is beginning to look more and more like one... which is why the DA immediately got the ball rolling this morning on the impeachment motion. Last year (re Al Bashir) the outcome was 100 votes for, 212 against impeachment. This time It may even be closer to 1:1 but much as it pains me to say it, I can't see that they will get the 2:1 vote the motion needs to pass in Parliament. I don't think there is that much polarisation within the ANC, yet. There will be many fence-sitters or those who just drift with the status quo.

Even so, I get the feeling the opposition - all of them - have more tricks up their sleeve to continue forwarding their agenda against JZ on every front available to them, and won't stop till he's been completely humiliated and removed. Recently we see the CC's resolution of the police-in-parliament issue as well. There'll be more.

Agreed about the battles, we shouldn't have needed the CC to tell us this. But better these things are cleared up once and for all - try to gainsay the Constitution of the Republic and there will be consequences. Better than the alternative!

dislekcia

This can be discussed elsewhere, seeing as there really isn't a game-industry relevant angle presented.