During the Nkandla judgment Chief Justice Mogoeng Mogoeng said. ‘an obligation is expressly imposed on the President to uphold and respect the Constitution that is above all other laws in the Republic. As Head of the national executive, the President is uniquely positioned, empowered and resourced to do much more than what other public office-bearers can do. It is no doubt for this reason that section 83(b) of the Constitution singles him out to uphold, defend and respect the Constitution. …’ He also went on to say that ‘This imposition of an obligation specifically on the President still raises the question: Which obligation specifically imposed by the Constitution on the President has he violated? Put differently how did he fail to uphold, defend and respect the supreme law of the Land?’ In the judgement of Friday, December 29 2017, the Constitutional Court directed Parliament to establishment rules for the impeachment of the President.
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