Mbeki a patriotic leader

THE argument circulating in some papers that President Thabo Mbeki set a “precedent of undermining the constitution” because he did not challenge his 2008 recall, is misleading and does not square up with the historic facts. By blaming the executive in what was essentially a legislative misstep this argument places the blame on the wrong institution.

In a statement following the NEC decision to recall him, Mr Mbeki offered to resign “after all constitutional requirements have been met”. His commitment to the constitutional order could not have been clearer. One of those “constitutional requirements” the president must have had in mind may have related to the constitutional role of the National Assembly in the removal of a president from power.

The role of the National Assembly with regards to the election of a president and his removal is specifically outlined in the constitution. The president is elected into office by the National Assembly. Once he takes the oath of office, his removal can only be made by the National Assembly with a two-thirds majority. The three categories set out by the constitution for the removal of a president are a serious violation of the constitution, serious misconduct and the inability to perform the duties of the office. Clearly therefore it was the prerogative and duty of the National Assembly to impeach the president if they believed that he had violated any of the three categories.

The National Assembly did not exercise its duty to impeach the president, but rather rubberstamped the vindictive position of the NEC that the now discredited judgment of Judge Nicholson was valid proof of the president’s guilt of violating the constitution. There were calls from the likes of Judge Heath for the impeachment of the president, a clear sign that the National Assembly was aware of its role and prerogative. It failed to perform its duties for reasons that may well have been driven by political considerations.

There exists no evidence that Mr Mbeki ever undermined the constitution. To the contrary there is abundant evidence during his tenure in office of his commitment to our constitutional order and the rule of law. The view advanced by those who claim otherwise therefore has to be rejected as political mischief.

With his actions Mr Mbeki not only saved the young democracy from a potentially destabilising trial, he prepared the groundwork for a smooth transfer of power to a new president. That was a demonstration of seasoned patriotic leadership that placed the country first. — Wongaletu Vanda, via e-mail