Nigerian President Umaru Yar’Adua left for Saudi Arabia more than two weeks ago for the Islamic obligation of the lesser Hajj, a pilgrimage to Mecca. Yar’Adua, who is known to have a chronic kidney problem, has sought medical attention in Jeddah and has still not returned, raising fears about the state of his health. A medical source in Saudi Arabia told Reuters he had undergone an operation.

Government and presidency officials have been tight-lipped about the president’s condition and have not said exactly when he will be back. The opposition has demanded clarity on the president’s health, adding that his absence is having an adverse effect on the workings of government and that the official silence is fuelling speculation and uncertainty.

Should the head of state’s health be a private issue or is it a matter of public interest? Is his prolonged absence from Nigeria a cause for concern? As governor of Katsina state, Yar’Adua spent several months abroad for medical treatment without attracting much public attention, only to return, complete his term and win another one. Can he expect to do the same as leader of the nation?

What if the president leaves office early?

Jacob Zuma, the embattled leader of South Africa’s ruling African National Congress (ANC) launched a big fight for his political life on Aug. 4, asking the  Pietermaritzburg High Court to dismiss a graft case against him that could stop him becoming president next year. If his application is rejected, a full corruption trial could follow later this year and South Africa could head into a protracted period of tension and uncertainty. Read the following insights from leading analysts and have your say on how the legal process could affect South Africa:

Keith Gottschalk, the University of the Western Cape (see full analysis)

“Jacob Zuma’s Zuma’s legal team has already proved, year after year that, if you have a bottomless pocket such as taxpayers, you can protract litigation, U.S.-style for the better part of a decade.”

Rainette Taljaard, Helen Suzman Foundation (see full analysis)

“If the arms deal was the loss of innocence for South African’s ruling party, the Zuma trial will be the collateral damage to constitutional structures with long-term consequences.”

Adenaan Hardien, Cadiz (see full analysis)

“If anything is giving market participants sleepless nights, then it has to be what Reserve Bank Governor Tito Mboweni and his Monetary Policy Committee will decide when they meet next week.”

 Raenette Taljaard, Helen Suzman Foundation
 

ANC President Jacob Zuma’s quest for a pre-trial stay of prosecution looks certain to  perpetuate uncertainty and an uncomfortable ongoing holding pattern and turmoil inherent in these dramatic events.

These compounded uncertainties do not only affect the South African economy with perceptions of political risk ratcheting up as key members of the new ANC leadership step up the rhetoric as Zuma goes to court but also creates tremors for core constitutional institutions and the bench in South Africa. After upholding the search and seizure warrants used against Zuma and rebuking his legal team for what amounts to delaying tactics, the Court also discouraged pre-trial legal wrangles of the kind that started in Pietermaritzburg.

Various options are on the table for Zuma: playing for time through delaying tactics; if convicted a possible Constitutional amendment to stay prosecution for a sitting President, or a general amnesty for the arms deal.

New revelations alleging corrupt activity on the part of President Thabo Mbeki in the arms deal - which he chaired as head of a Cabinet Sub-committee - have been dismissed but will fuel the ongoing perceptions that Zuma’s is a selective prosecution, adding fuel to an already burning fire that appears set to singe the judiciary. Unless there is a full account of what happened in the arms deal - a scenario unlikely on the eve of the fourth democratic poll - the rumblings of conspiracy will continue to eat away at the heart of the ruling party irrespective of former President Nelson Mandela’s calls for unity as the party celebrated his 90th.

What appears certain, irrespective of which route is the most likely denouement of the Zuma saga, is that the rule of law, constitutionalism and the South African bench will never be quite the same. If the arms deal was the loss of innocence for South Africa’s ruling party, the Zuma trial will be the collateral damage to constitutional structures with long-term consequences.