Publication: The Times Issued: Date: 2008-01-14 Reporter: Justice Malala

The Time to Ditch Mbeki is Now

 

Publication 

The Times

Date

2008-01-14

Reporter Justice Malala

Web Link

www.thetimes.co.za



"He has all but declared the party that put him in power is irrelevant to him"

To wait until the president is forced to hold an election is to invite unprecedented corruption


If the African National Congress is interested in the welfare of this country it should start taking steps to get rid of the corrupt regime of President Thabo Mbeki and his cronies immediately.

To sit around for the next 18 months until Mbeki is forced to hold an election will see probably the worst incidence of abuse of power, unilateralism and looting we are ever likely to experience in our lifetimes.

Mbeki has already started. In my view he is unlikely to stop. He has over the past four weeks displayed why he was so unequivocally booted out of the ANC presidency.

Two days after he was bundled out of the presidency, Mbeki showed his absolute cynicism by appointing a discredited SABC board to office despite the legitimate objections of civil society and the opposition and all his partners in the ANC-led tripartite alliance.

Mbeki appointed the new board on a Friday evening (December 21, the day after the conclusion of the ANC conference) and ran off on holiday to avoid the flak that he knew would accompany this disgraceful act. He was not an honourable enough leader to explain himself to the ANC and to a nation that has had it up to here with the incorrigibly biased SABC.

The bias of the six members of the old board (which bullied the broadcaster into being an Mbeki mouthpiece) aside, you will remember that Essop Pahad lied to parliament *1 about how he got Gloria Serobe onto the board.

On Friday evening national police commissioner Jackie Selebi finally asked Mbeki to put him on gardening leave. This should have happened a long time ago. It is now clear that Mbeki has been protecting this shallow, corrupt individual for years.

On Saturday Mbeki made the extraordinary claim that he did not know of any wrongdoing by Selebi until "a few days ago". He is lying through his teeth *2. Mbeki suspended National Prosecutions Authority head Vusi Pikoli because he had secured a warrant for Selebi.

Not only is Mbeki running an irredeemably corrupt government, he has now all but declared that the party that put him in power is irrelevant to him. Last Monday he failed to pitch up at the ANC's inaugural national executive committee meeting. His excuse? A worthless meet-and-greet with the Chinese foreign minister. On Saturday he did not attend the ANC's 96th anniversary celebrations, a mere 15km from his home.

It is a pity that the new ANC leadership is full of so many crooks and careerists *2 and is led by a man who has so many questions hanging over him. A more morally sensitive and business-like body would recall Mbeki and then seek a mandate from the public by holding a general election.

The constitution allows it. After careful research, my colleague Brendan Boyle pointed out the following options open to the new ANC leadership:

Clause 89 of the constitution provides for the removal from office of a president by a vote of at least two-thirds of the 400 National Assembly members. It is in effect an impeachment clause. He or she could be removed for a serious breach of the constitution or law; serious misconduct; or for inability to perform the functions of office.

Clause 50 allows a simple majority of MPs ­ 201 ­ to require the president to dissolve parliament and call an election.

Clause 102 (2) gives a simple majority of MPs the unconditional right to pass a motion of no confidence in the president, upon which he and his entire cabinet must immediately resign.

The ANC holds 297 of the 400 National Assembly seats.

They should use this majority to give Mbeki the boot immediately. The people would then have the opportunity to either give the new, Jacob Zuma-led ANC a mandate to rule or choose a different party to lead South Africa.

With acknowledgements to Justice Malala and The Times.



*1       The ANC has made lying to parliament its own sport.

On instruction from Mbeki, Shauket Fakie (CA) SA, the Auditor-General, along with Selby Baqwa SC, the Public Protector and Advocate Bulelani Ngcuka the National Director of Public Prosecutions, lied pint blank to Parliament on a number of occasions about the Arms Deal Joint Report and the cover-up of the Arms Deal investigation.


As bad, is lying point black to The People through the mechanism of the press conference.

I remain entirely unconvinced that Advocate Bulelani Ngcuka the National Director of Public Prosecutions was not lying when he announced on 23 August 2003 that the probability of a successful prosecution of Jacob Zuma was not high enough and that he had obtained such opinion from an unnamed senior counsel to this effect.

It just does not make sense and was clearly a political deal to allow Zuma to step aside without getting charged.

It stinks.


*2      This is the main reason why the present government should not immediately be replaced - because it is not right to replace one set of crooks, liars and careerists with another.

There is a very valid old truism - when in doubt don't.

This country needs to settle down for the next 12 to 15 months and then an election held with all contenders able to show their true colours and pout forward their best candidates.

Having a new government forced on the country right now will take us right out of the proverbial frying pan into the fire.