Constitutional law experts and political analysts say, the decision to place embattled North West Premier Supra Mahumapelo, on the so called leave of absence, is unlawful and unconstitutional.
They maintain that an acting premier can only be appointed if the Premier is abroad or on sick leave.
This is after the African National Congress (ANC) Provincial Executive Committee ordered Mahumapelo to abandon his planned resignation and stay put.
Mahumapelo has since appointed MEC of Finance Wendy Nelson as acting Premier.
Political analyst, from North West University, Dr. Piet Croukamp, says if the matter could be challenged in court, opposition parties may stand to win.
“The Constitution does not make provision for that at all. I think this is some sort of an agreement between Supra Mahumapelo and ANC in Luthuli House. He is most likely that he will never come back. If the Economic Freedom Fighters goes to court the court may just grant them the point. Because it is unconstitutional but I think before they finalise the matter, the ANC will act on this. I think there’s already an agreement that Supra must go, it’s just how fast they can come to the agreement, who should be appointed,” says Croukamp.
Click below for video: