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Speaker of the National Assembly Ms. Thoko Didiza has resolved to file a notice to abide by an explanatory Affidavit alongside the Impeachment Committee’s opposition papers. The purpose of the explanatory affidavit is to assist the Court with aspects it must consider to make its final determination, including the stringent constitutional obligations on the National Assembly to proceed with and finalise the section 89 proceedings. The content of the explanatory affidavit is believed to be consistent not only with the stance adopted by the Impeachment Committee but also with the actions of the Speaker since the Constitutional Court judgment.
 
In the past weeks, the President’s legal team had approached the Speaker's office with a proposal to halt the commencement of the work of the Impeachment Committee until the matter has been disposed of in the Western Cape High Court. This request was not acceded to, because doing so would have been in contempt of the Court, and in terms of the Rules of the National Assembly, the matter is in the hands of the Impeachment Committee, which should not be interfered with.
 
Pursuant thereto, the President has now filed for an urgent Interdict to halt the Committee’s work pending the finalisation of the Review Application. Such an interdict application was also served on the Chairperson of the Committee, Hon. Makashule Gana. The Committee has met to consider its response to the Application and concluded that it will oppose the Application as a committee and that it will also approach the Speaker to support its position.
 
Subsequently, the Speaker was approached by the Committee Chair, Hon. Gana, with the request to oppose the President’s application. Some political parties in Parliament have also approached the Speaker with their own views about the matter.
 
The Speaker, having considered all the views and processes, concluded that it will be important to file a notice to abide with an explanatory affidavit to complement the committee’s opposition papers and, most importantly, to explain to the court what parliament has done to comply with the judgment of the Constitutional Court. Given the content of the explanatory affidavit, the Speaker believes that the stance adopted is not only necessary but is entirely consistent with the respective roles and responsibilities of the Assembly versus those of the Impeachment Committee.

Issued by Parliament