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Zuma’s fate hangs in the balance

- Brij Maharaj is a geography professor at UKZN. He writes in his personal capacity.

TODAY, President Zuma (and his cabinet) will face their eighth parliament­ary vote of no confidence.

Regardless of the hype about whether this will be by secret or public ballot, this is likely to be a nonevent in the South African Parliament as the majority of the democratic­ally elected MPs, paid by taxpayers, will refuse to do the right thing and act in the best interests of the country, which they were sworn to: “I… swear (or solemnly affirm) that I will be faithful to the Republic of South Africa and will obey, respect and uphold the constituti­on and all other laws of the Republic, and I solemnly promise to perform my functions as a member of the National Assembly… to the best of my ability. So help me God”.

As Chief Justice Mogoeng Mogoeng emphasised, there is no constituti­onal reference to “loyalty to a political party… central to the freedom ‘to follow the dictates of personal conscience’ is the oath of office”.

A conscience (or “inner voice”) vote allows MPs to act independen­tly, according to the dictates of their morality, without being forced to toe the party line.

Chief Justice Mogoeng emphasised the severity of a no-confidence motion which “constitute­s… a sword that hangs over the head of the president” and his cabinet.

He emphasised that if a president is ousted by a vote of no confidence, then the entire cabinet will be forced to resign, as they would also have been implicated and compromise­d by any alleged connivance of the head of state.

Furthermor­e, the Chief Justice contended that the “voting process is not a fear or money-inspired sham but a genuine motion for the effective enforcemen­t of accountabi­lity”.

The real possibilit­y of being displaced from office “would serve the original and essential purpose of encouragin­g public office bearers to be accountabl­e and fulfil their constituti­onal obligation­s”.

The ANC leadership warned that those who support the vote of no-confidence in Zuma will face disciplina­ry action. Secretary-General Gwede Mantashe, that conundrum of contradict­ions, stated that ANC members could not support a motion from the opposition.

Perhaps in anticipati­on, the Chief Justice had argued that a secret ballot allows MPs to vote freely “without undue influence, intimidati­on or fear of disapprova­l by others”.

Interestin­gly, a recent newspaper survey indicated that about 60% of ANC supporters believed that MPs should vote according to their conscience, rather than follow the dictates the party.

Chief Justice Mogoeng stressed: “Those in Parliament have to ensure the will of the interest of the people find expression in what the state does.”

Former ANC treasurerg­eneral, Matthews Phosa, warned that if MPs toed the party line, then future generation­s could accuse them of perfidy.

He appealed to MPs to vote with their conscience in the no-confidence vote against President Zuma.

The SA Christian Leaders Initiative also urged MPs to vote with their conscience: “You stand at a crossroads where you can either choose to continue to put the country through its current trauma or you can choose hope, and to focus on the common good, by ensuring this president is removed as soon as possible”.

Magda Wierzycka, the CEO of Sygnia Asset Management, has posed some soul-searching questions that ANC MPs should consider as they participat­e in the vote of no confidence in President Zuma:

“Do I want to preserve the noble legacy of the ANC as a liberation movement which freed the majority from the oppression of the minority and served the people of South Africa?

“Do I want an ethical, moral, strong and principled ANC which maintains majority rule in the 2019 elections?

“Do I want to proudly explain to my children, grandchild­ren, family and friends how, under my watch, South Africa thrived economical­ly, providing them with quality education and well-paying jobs?

“Do I want a president I am proud of, who puts the interests of South Africa ahead of his or her own, who respects the constituti­on and who will work tirelessly for the ANC and for South Africa so that it can, once again, take its rightful place as a world leader in democracy?

Conscience

“Do I want to retire from Parliament with my head held high, having done the right thing, in compliance with the law and my own conscience?”

The reason why matters have come to a head in SA is that Parliament abdicated its watchdog role, to keep the executive in check in order to ensure the implementa­tion of the SA constituti­onal mandate to uplift the poor and disadvanta­ged, in a manner that is responsibl­e and accountabl­e.

This was especially so in matters relating to corruption and frivolous use of public resources, and ranged from the R16 million Sarafina scandal to the R80 billion arms deal, Nkandlagat­e and State capture.

On August 17, 2011, Deputy President Kgalema Motlanthe presented the 10th Annual Ruth First Memorial Lecture in which he maintained: “After racism, corruption is the second most serious malady staring humanity in the face”.

He argued that regardless of “how effective the laws of the land are, the fight against corruption boils down to the individual’s sense of right and wrong”. This derives from ethical or moral principles that govern a person’s thoughts and actions. In other words, his/her moral sense or conscience.

A positive outcome of the vote of no confidence in President Zuma is that it has brought the actions of the ANC under the microscope of public opinion. Those ANC MPs who want to return to Parliament after 2019 may want to change tack. However, ANC MPs have failed to hold President Zuma to account for his various indiscreti­ons since he assumed high office, in their caucus or in Parliament. So do not wait with bated breath for them to do the right thing.

An ANC vote of conscience is an oxymoron.

 ?? BRIJ MAHARAJ ??
BRIJ MAHARAJ

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