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Mphoko must receive a full package of his benefits

by Njabulo
24 Feb 2020 at 06:21hrs | Views
To be fair, the former VP must be paid all his benefits as is stated in our Constitution. The legal reasoning here being that his resignation was not voluntary.

There were unforeseen supervening circumstances. But for those circumstances that were beyond his own control and the then President, he would have wilfully served his full term or the prescribed term as embodied in our Constitution.

In any contract, in terms of law, be it a sale of goods contract or employment contract law, any failure to perform or fulfil the obligations enshrined in that contract, if the supervening issues are not the making of that party to a contract ("force majeure"), there is no breach of contract.

More like an "ACT OF GOD"(eg volcano ).The difference is that "force majeure" events are man-made(eg political mayhem). So, a party to that contract is absolved from any breach of the contract in question. Therefore, the removal of the previous government, which was the employer of former VP, was in terms of the law, a " FORCE MAJEURE".

So, the VP must be given all what is due to him. He must be paid or given his benefits as if he served the term of office enunciated in our Constitution. If not, my argument is that that would be unfair, unreasonable and unjust to him and also in the eyes of the law.

Law is not fixated to what is written in the Constitution.

The law allows for derogation or waiving on that, depending on nature or circumstances surrounding that particular case. And more so the application of the law in legal reasoning, the way I have explained in the foregoing. Therefore, the former VP must receive a full package of his benefits. This is my own analyses without bias or prejudice.

Njabulo.libertyatliberty at gmail dot com

Source - Njabulo
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