Zuma Breached the Constitution: COPE

The constitution is very clear on this - there is no discretion involved.

He may do it:

(a) in co-operation with the police service;
(b) in defence of the Republic: or
(c) in fulfilment of an international obligation.

Where does it say because he thinks it is a brilliant idea?

(c) in fulfilment of an international obligation.

This has bugger all to do with the UN, etc as you seem to think and everything to do with what the President decides is an international obligation
 
http://news.iafrica.com/sa/851396.html

Zuma agrees to withdraw troops

South African troops will pull out of the Central African Republic, President Jacob Zuma told a regional summit on the post-coup crisis on Wednesday.

"President Zuma has decided to withdraw the South African forces which are deployed in Bangui," Chadian President Idriss Deby said, adding that Zuma was ready to provide troops in the future if necessary.

Zuma had faced prickly questions over the presence of his troops, 13 of whom were killed in the bloody battle for the capital, Bangui.

"We have taken a decision to withdraw our soldiers," Zuma was later quoted as saying by the public broadcaster SABC.

"We were in CAR on the basis of the agreement between the two countries," he said at the end of the summit, which ended late on Wednesday.

"Our mission was to help train the soldiers... since the coup and the self-appointment of rebels, it was clear that the government is no longer there," Zuma told SABC in the Chadian capital Ndjamena.

Meanwhile, African leaders said they would not recognise CAR's new self-proclaimed leader.

A transitional president should be elected in place of Seleka rebel leader Michel Djotodia, Deby told journalists at a meeting of the Economic Community Of Central African States (ECCAS).

"As things stand now, it is impossible to recognise a self-proclaimed president," he said.

"A committee selected by national figures must lead the transition. This body will have the executive role and must vote for a transitional president" who would serve for not more than 18 months, he said.

Djotodia grabbed power on 24 March after a rapid assault on the capital Bangui in revenge for unfulfilled promises in a January peace deal with the government.

He has retained Prime Minister Nicolas Tiangaye in his post and says he will hold elections by 2016, a promise the international community is keen for him to keep.

Deby said a legislative body would be created to take on the role of a parliament and a mission of ministers from ECCAS, the African Union and the European Union, among others, dispatched to the Central African capital Bangui on Thursday "to take the message to Central Africans".

Chad, the region's dominant military power, hosted the ECCAS meeting as a way to give the rebel Seleka coalition regime in Central Africa a semblance of legitimacy, according to a diplomatic source.



so basically, to begin with, our military were not in CAR for anything else but to protect their assets only. there was no other reason because they most certainly wasn't any need for protecting some "war" against our country. there never was a threat to begin with, this was in CAR.
 
(c) in fulfilment of an international obligation.

This has bugger all to do with the UN, etc as you seem to think and everything to do with what the President decides is an international obligation

Perhaps a review of what is meant by international obligation would help your understanding. The UN was used as an example,as was the AU.

You seem to fail to grasp that what constitites an international obligation is determined by the international community, not by a country or two.
 
Perhaps a review of what is meant by international obligation would help your understanding. The UN was used as an example,as was the AU.

You seem to fail to grasp that what constitites an international obligation is determined by the international community, not by a country or two.

International obligation is most certainly not determined by the international community. What a load of hogwash! Pure drivel

And do tell why you think you somehow know better than every constitutional law expert? The DA's legal representation has also informed us of that. But you somehow know better?
 
International obligation is most certainly not determined by the international community. What a load of hogwash! Pure drivel

And do tell why you think you somehow know better than every constitutional law expert? The DA's legal representation has also informed us of that. But you somehow know better?

Tell me then, who defines what constitutes an international obligation if not the international community?

When did the DA's legal representative tell you that I know better than every constitutional law expert?
 
Tell me then, who defines what constitutes an international obligation if not the international community?

When did the DA's legal representative tell you that I know better than every constitutional law expert?

I see we have a funny man.

An international obligation is not defined and is up to the Executive to determine.

The President is given total authority of the deployment of the military in SA. And for good reason.
There are certain checks on this authority (However, they are only required after the fact, not before. And it is only informing parliament, not asking their permission).
Parliament can recall the military however.

The problem we are facing is that Parliament is not doing it's job of providing the checks and balances
 
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President Jacob Zuma and the version of the ANC he currently leads are, for obvious reasons, not great fans of the Latin maxim “veritas liberabit vos” — the truth shall set you free. There are many recent examples of this disdain for the truth (and the disdain for ordinary citizens this represents), but nothing illustrates this fact more clearly than the manner in which our government is dealing with the crisis arising from the killing of several of our troops in the Central African Republic (CAR).

When a government believes that its own actions are justifiable and that the vast majority of citizens will support it if they knew all the relevant facts relating to a specific event or action, it will have nothing to fear from telling its citizens the truth. But when a President and the members of the party he leads know that their intensions are dishonourable and that the support of voters could not be guaranteed if those voters were told the truth, that President and the members of the party he leads will invariably try to hide the truth, attack the patriotism of those who ask for more information, call into question their motives and invoke national security in order to avoid having to face up to their own dishonesty and questionable motives and actions....
Pierre de Vos
:whistle:

Read the rest of the rant here President Zuma’s attack on the dignity of all citizens

...some compelling arguments against deployment of SA troops in CAR.
 
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I see we have a funny man.

An international obligation is not defined and is up to the Executive to determine.

The President is given total authority of the deployment of the military in SA. And for good reason.
There are certain checks on this authority (However, they are only required after the fact, not before. And it is only informing parliament, not asking their permission).
Parliament can recall the military however.

The problem we are facing is that Parliament is not doing it's job of providing the checks and balances

I am not responsible for your inability to write logical statements.

An international obligation is defined.
 
I see we have a funny man.

An international obligation is not defined and is up to the Executive to determine.

The President is given total authority of the deployment of the military in SA. And for good reason.
There are certain checks on this authority (However, they are only required after the fact, not before. And it is only informing parliament, not asking their permission).
Parliament can recall the military however.

The problem we are facing is that Parliament is not doing it's job of providing the checks and balances
.... errmmmm....
Questions about the legality of military involvement in the internal affairs of a sovereign country stems, first and foremost, from article 2.4 of the United Nations Charter, which states that:

All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.

... again ... de Vos
 
I am not responsible for your inability to write logical statements.

An international obligation is defined.

It is not defined in our constitution. And for very good reason.

You are simply making stuff up.

Once again, the experts say the presidency has total discretion as to where the military is deployed, but you, Albereth know better. Suuuure...
 
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.... errmmmm....


... again ... de Vos

That is actually a good point.
Note however, that we weren't involved in destabilizing "territorial integrity or political independence". We were invited by the CAR government to help stabilize the country.

As to whether that is the real reason we were there, I don't know
 
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...

An international obligation is not defined and is up to the Executive to determine.

The President is given total authority of the deployment of the military in SA. And for good reason.
There are certain checks on this authority (However, they are only required after the fact, not before. And it is only informing parliament, not asking their permission).
...

... and ....
Section 231 of the South African Constitution states that “[a]n international agreement binds the Republic only after it has been approved by resolution in both the National Assembly and the National Council of Provinces” (NCOP),
 
That is actually a good point.
Note however, that we weren't involved in destabilizing "territorial integrity or political independence". We were invited by the CAR government to help stabilize the country.

As to whether that is the real reason we were there, I don't know
Well we've had so many conflicting stories now that who knows what the truth is and in any case our agreement was ...
“to capacitate the Armed Forces of Central African Republic (FACA) to be able to defend and protect the sovereignty and territory of the Central African Republic." ... according to the memorandum of understanding

One could easily also come to the conclusion that we were meddling in the political independence of the said state considering how partisan our forces seemed to be with the currently deposed leader
 
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It is not defined in our constitution. And for very good reason.

You are simply making stuff up.

Once again, the experts say the presidency has total discretion as to where the military is deployed, but you, Albereth know better. Suuuure...

It is not defined in the constitution because it is defined in international law.
 
It is not defined in the constitution because it is defined in international law.

That is not how it works.
While the SA Constitution takes into effect international obligations, it's definitions are not subject to external review.

Why are you struggling with this?
If SA and Zimbabwe sign a mutual defence pact, we don't need UN approval for it.
Some of SA's international obligations are defined by the UN, etc, most however are not.
The UN is itself an international obligation we have signed. It is not the only one...
 
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That is not how it works.
While the SA Constitution takes into effect international obligations, it's definitions are not subject to external review.

Why are you struggling with this?
If SA and Zimbabwe sign a mutual defence pact, we don't need UN approval for it.
Some of SA's international obligations are defined by the UN, etc, most however are not.
The UN is itself an international obligation we have signed. It is not the only one...
Being a member of the UN we are bound by UN protocols when it comes to international relations/obligations/agreements.
Otherwise we need to resign from the UN and do whatever the fsk we want
 
That determines whether a international agreement is binding. i.e The president can't make a binding commitment without ratification
OK so then any agreement made with CAR could not unilaterally have been made by the prez
 
Being a member of the UN we are bound by UN protocols when it comes to international relations/obligations/agreements.
Otherwise we need to resign from the UN and do whatever the fsk we want

When we signed up to the UN, we agreed to abide by it rules.
However, it is just one existing obligation. It doesn't preclude other international obligations, except for where they are in conflict
 
OK so then any agreement made with CAR could not unilaterally have been made by the prez

Almost.
What it means, is that without parliamentary approval, The Republic is not legally bound.
Which is not the same as saying that everything needs to be ratified.
Very, very few of our interactions with the rest of the world has been ratified. Simply because of the immensity of the action
 
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