In response to the Constitutional Court's judgment on the Phala Phala vote, Parliament has announced that National Assembly Speaker Thoko Didiza will initiate the process to establish an Impeachment Committee.
This comes after the apex court declared that the previous parliamentary process used to shield President Cyril Ramaphosa was unconstitutional.
The Constitutional Court on Friday, delivered a crushing indictment of Parliament’s previous handling of the Phala Phala saga. The apex court declared Rule 129I of the National Assembly unconstitutional and set aside the December 2022 vote that halted an impeachment inquiry against Ramaphosa.
The court found that the previous parliamentary vote, which relied on a simple majority to shut down the process, violated the National Assembly’s constitutional obligations under Section 89 of the Constitution.
Parliament spokesperson Moloto Mothapo said that in compliance with the Constitutional Court judgment, Didiza would initiate the process to establish an Impeachment Committee in terms of Rules 129J to 129O of the Rules of the National Assembly.
This committee will consider the Section 89 inquiry process regarding the allegations against the President, specifically the findings of the Independent Panel Report, which found prima facie evidence of potential violations by the President.
Mothapo noted that the Independent Panel Report will be formally referred to the newly constituted Impeachment Committee, and that Didiza will refer the Constitutional Court judgment to the National Assembly Subcommittee on the Review of Rules to ensure they align with the Court’s findings.
Didiza will formally inform National Assembly of the Independent Panel Report by tabling it through the appropriate journals of Parliament and will provide Ramaphosa with a copy of the report.
Although Ramaphosa has stated his respect for the court's decision and affirmed his commitment to the Constitution, opposition parties are demanding immediate action.
The EFF, which brought the case, has demanded that the process be finalised within 48 hours.
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