Parliament sets out the new procedures for removing the president
Parliament’s National Assembly Rules Committee has unanimously agreed on rules to regulate section 89 of the Constitution which deals with the removal of the president.
The announcement follows a 29 December 2017 Constitutional Court order which instructed that the committee should prioritise the finalisation of the procedures without delay.
In a statement released on Thursday (30 August), the committee said that it has now recommended that the National Assembly adopt the new rules.
How it will work
Section 89 of the Constitution currently provides for the National Assembly to remove a President of the Republic from office on the following grounds:
- Serious violation of the Constitution or the law;
- Serious misconduct;
- Inability to perform the functions of office.
“The new procedures – which the National Assembly Rules Committee adopted on 28 August – provide for any member of the National Assembly to initiate, through a substantive motion, a process to remove a president in terms of Section 89,” the committee said.
“Once such a motion is submitted, the speaker of the National Assembly must refer it and any supporting evidence to a panel of three independent legal experts. The panel, which the speaker appoints after consulting political parties represented in the Assembly, must assess if there is sufficient evidence for Parliament to proceed with a section 89 inquiry.
“The panel must function impartially and without fear, favour or prejudice.”
The committee added that the panel must then conclude its deliberations within 30 days and report to the National Assembly.
“The House must then decide whether to proceed with an inquiry. If it decides to proceed with an inquiry, the matter must be referred to a specially constituted Impeachment Committee,” it said.
“This Impeachment Committee will investigate, establish the veracity (and, where required, the seriousness) of the charges against a President and make a recommendation to the National Assembly. The Committee’s report must include all views expressed in the Committee.”
“Once the Impeachment Committee has reported, the House must schedule the report for debate and decision at a House sitting with due urgency.
“If the report recommends that a President be removed from office, the question must be put to a vote. A President is removed from office if two thirds of members of the Assembly support the recommendation.”
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