What happens when the president resigns???

the Constitution determines that a new President must be chosen within 30 days from among the members of the National Assembly, according to the blog Constitutionally Speaking.

In the meantime the Deputy President will act as President. Or if she also resigns, a Minister designated by the other members of the Cabinet will act as President until a new President is chosen.

If a new President is not chosen within 30 days after a vacancy occurred, a new election must be held within 90 days.

IT CAN’T BE JZ

The Constitutionally Speaking blog, written by Pierre de Vos, Professor of Constitutional Law at the University of the Western Cape, says that at the moment Jacob Zuma is not a member of the National Assembly.

“As I read the Electoral Act, it is impossible for Mr Zuma to become a member of the National Assembly before the next election.

“It has been argued that Mr Zuma can become a member of the National Assembly if one of the ANC MPs resigns. But if there is such a resignation the vacancy must be filled from the existing list of candidates prepared by the ANC, which they can only review once a year. At the moment this list can only be reviewed and supplemented each April and if Mr Zuma is not now on top of one of these lists he cannot be placed on top of such a list at this time.

“If the ANC therefore removes President Mbeki… but chooses not to have an election immediately, Mr Zuma will not be able to become President before an election is held.”

One of the present members of the National Assembly – possibly Baleka Mbete or Kgalema Motlanthe – will then have to be elected President until an election is held before the end of June next year.

(Source: Sowetan/Constitutionally Speaking)