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Moeletsi Mbeki, brother of South Africa's President believes there is now a potential for sanctions to be imposed against the Mugabe regime by the United Nations Security Council saying it was now clearly an illegitimate regime.
The deputy chairman of the South African Institute for International Affairs said the rules of democracy have to be enforced if Africa is to get stability.
Mr. Mbeki said Robert Mugabe has to vacate office and the duly elected party, which won in the first round of elections, should take over.
There have been calls for negotiations between the two political parties in Zimbabwe to form a government of national unity.
But the South African disagrees saying there is no need for it.
Moeletsi Mbeki was speaking to SW Radio Africa on the deteriorating situation in Zimbabwe. He said he doesn't expect anything coming out of SADC, but if the African Union and/or the United Nations Security Council passed a sanctions regulation, such as oil sanctions, then all the SADC countries would be obliged to comply whether they liked it or not.
Legal opinion in South Africa says by not holding the run-off election 21 days after the first round of elections, Mugabe is no longer the legal President of Zimbabwe and Morgan Tsvangirai should be sworn in as head of state, as he had the most vote in the March 29th poll.
Moeletsi said: "This puts a new factor in front of the African Union which is that we now have an illegally constituted government in Zimbabwe."