Roots Republic

What does the SCA ruling mean for Zuma and the ANC?

The Supreme Court Appeal (SCA) ruling on 12 January 2009, which put ANC presidential delegate Jacob Zuma back into the hot seat, has added a new dynamic to what is shaping up to be the most exciting election year since 1994.

Basically, beyond the rhetoric and the media excitement, the law and what it means can be a little bit confusing, so with the help of specialist criminal attorney Mike Trapido, we have looked at some of the possible outcomes.

1. If Jacob Zuma is on trial during the election campaign or at the time of the elections, can he still run for president?

If he is on trial he can run for president. He is not guilty merely charged.

2. If he is on trial during the campaign or elections, does the decision fall to the party to let him run for president simultaneously?

It is always within the party's power to withdraw him as a candidate. As we saw with Mbeki they can even recall a president.

3. Can the ANC withdraw their candidate at any time, and what are the conditions for this?

The parties candidates are listed with their number 1 choice the person they are submitting for president. Up until the person is confirmed as president in parliament they can be withdrawn by simply not nominating them as the candidate to be president. (Parliament votes on the nominees with the majority party's candidate getting the nod). Thereafter see Mbeki.


4. If he can run while on trial, and he is elected and found guilty, what will happen to the position of president?

If he is found guilty while he is president he can be removed by following the same procedures as adopted with Mbeki.



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