ON MY MIND
CATHLEEN POWELL: Firing a president
The president can feasibly be removed only if he has lost control of the party leadership as well as the confidence of parliament
The constitution of SA provides two different mechanisms by which the president may be removed — impeachment and a vote of no confidence. In both cases, it is parliament that has to take the necessary steps. Without actually using the term, section 89 of the constitution sets out the form of removal that is commonly known as impeachment — that is, removal for misconduct or incapacity. Specifically, section 89 allows the national assembly to remove the president "only on the grounds" of a serious violation of the constitution or the law, serious misconduct or inability to perform the functions of the office. Under section 89, the president can be removed only if two-thirds of the national assembly support the motion. Section 102, on the other hand, uses the term "no confidence" and allows for the removal of cabinet as a whole, or cabinet excluding the president. It requires a simple majority vote. Why the difference? A vote of no confidence arises from the subjective (political) judg...
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