National Assembly adopts new rules to remove the president
National Assembly has adopted new rules and processes to remove a president in South Africa, Parliament announced on Thursday (22 November).
The adoption follows the National Assembly Rules Committee agreeing to the rules in August, which came after the Constitutional Court ordered that the committee prioritise the finalisation of the procedures without delay.
The new rules relate to section 89 of the Constitution, which provides for the National Assembly to remove a president on the following grounds:
- Serious violation of the Constitution or the law;
- Serious misconduct;
- Inability to perform the functions of office.
Under the new procedures, any member of the National Assembly can initiate, through a substantive motion, a process to remove a president in terms of section 89.
Once the 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, appointed by the speaker after consulting with political parties represented in the assembly, must assess the evidence and whether it is sufficient to proceed with a section 89 inquiry.
The panel must function impartially and must conclude its deliberations within 30 days.
The House must then decide whether to proceed with an inquiry.
If it does proceed, the matter must be referred to a specially constituted impeachment committee, which must investigate, establish the veracity (and seriousness) of the charges against the president.
It must then make a recommendation to the National Assembly with a report, which must include all views expressed in the House.
Once the impeachment committee has reported, the House must schedule a debate and decision at a sitting with due urgency.
If the report recommends the president be removed from office, the question must be put to a vote. The president is removed if two thirds of the members in the Assembly support the recommendation.
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