Well, let me start from the beginning. I am not too sure that the question being raised relates to any procedure, but be that as it may, section 47 of the Constitution provides:
(1) Every citizen who is qualified to vote for the National Assembly is eligible to be a member of the Assembly, except -
a) anyone who is appointed by, or is in the service of, the state and receives remuneration for that appointment or service, other than-
i) the President, Deputy President, Ministers and Deputy Ministers; and
ii) other office-bearers whose functions are compatible with the functions of a member of the Assembly, and have been declared compatible with those functions by national legislation;
b) permanent delegates to the National Council of Provinces or members of a provincial legislature or a Municipal Council;
c) unrehabilitated insolvents;
d) anyone declared to be of unsound mind by a court of the Republic; or
e) anyone who, after this section took effect, is convicted of an offence and sentenced to more than 12 months imprisonment without the option of a fine, either in the Republic, or outside the Republic if the conduct constituting the offence would have been an offence in the Republic, but no one may be regarded as having been sentenced until an appeal against the conviction or sentence has been determined, or until the time for an appeal has expired. A disqualification under this paragraph ends five years after the sentence has been completed.
(2) A person who is not eligible to be a member of the National Assembly in terms of subsection (1)(a) or (b) may be a candidate for the Assembly, subject to any limits or conditions established by national legislation.
(3) A person loses membership of the National Assembly if that person -
(a) ceases to be eligible; or
(b) is absent from the Assembly without permission in circumstances for which the rules and orders of the Assembly prescribe loss of membership; or
(c) ceases to be a member of the party that nominated that person as a member of the Assembly ...
Why all this reading? The lists of those designated to be sworn in or affirmed as members of the National Assembly, the National Council of Provinces and provincial legislatures were presented to the Chief Justice by the Independent Electoral Commission on 10 May 2014.
Knowing what the constitutional requirements for eligibility for membership of the National Assembly are, it is from then until shortly before the oath of office or the affirmation was administered to the members that an objection of this nature ought to be raised. That not having been done, any one of the hon members here is, in terms of section 86 of the Constitution - and I will go there - eligible for nomination and election to the position of President.
Section 86(1) provides:
At its first sitting after its election, and whenever necessary to fill a vacancy, the National Assembly must elect a woman or a man from among its members to be the President.
Now, the honourable Jacob Gedleyihlekisa Zuma is a member of the National Assembly. Having signed all the forms, I know that he is one of those who took an oath and not a solemn affirmation and is therefore eligible for election to the Office of the President according to the Constitution. [Applause.]
So, my ruling is therefore to dismiss the point raised ... [Laughter.] ... without costs. [Laughter.]
At this stage we have one duly seconded nomination for the position of President of the Republic of South Africa. Are there other nominations? Well, it looks like the hon Malema is signalling his availability. [Laughter.] Are there any other nominations?
There being no further nominations, the Chief Justice declared Mr Jacob Gedleyihlekisa Zuma duly elected as President of the Republic of South Africa.
Mr Jacob Gedleyihlekisa Zuma, accordingly, elected President of the Republic.
The Chief Justice congratulated Mr Jacob Gedleyihlekisa Zuma on his election as President.
The Speaker took the Chair.
The Speaker thanked the Chief Justice for conducting the proceedings.