You are a presiding Justice in the Constitutional Court. You are presiding over a matter involving the Minister of Correctional Services (the Respondent) and Shady Selina (the Applicant). The applicant is a prisoner at Hardknocks Prison. The matter comes before the court in light of the upcoming municipal elections this year. The applicant asserts that prison officials at Hardknocks Prison did not properly facilitate voting for prisoners during the last election, resulting in various prisoners, including herself, not being able to vote.

The applicant now alleges that prison officials have confirmed that they are not making plans to assist prisoners with voting in the upcoming municipal elections, therefore infringing on the applicant's right to vote in terms of the Constitution. Counsel for the applicant has submitted that the court should direct the respondent to propose further amendments to theElectoral Act73 of 1998 in Parliament to ensure that prisoners in the position of the applicant can vote and that prison officials are obliged to facilitate fair voting conditions for prisoners. On the other hand, counsel for the respondent has told the court to be guarded about giving the respondent direction on amending current electoral legislation as doing so would amount to an infringement of the doctrine of the separation of powers. After considering both arguments, you give the majority judgment of the court. The decision is that the respondent is to propose the necessary amendments to theElectoral Act73 of 1998 in Parliament and this will ensure fair prison conditions in which prisoners can vote in the upcoming election.

https://www.gov.za/sites/default/files/gcis_document/201409/act73of1998.pdf

(South African Law)

Assume for this question only that you have not given the majority judgment in the matter as yet. The reason for this is that, in argument before court, counsel for the respondent raised with you that deciding on this matter may be premature as the municipal elections may have to give way to an emerging national election resulting from reports in government that the President cannot cope with the pressures of the job and his political opponents want him removed.

You are aware of two processes that concern the removal of the President. Write a note on these processes and what they entail in relation to the removal of the President from office. In your answer, refer to any two cases that dealt with principles governing removal of the President via these processes.