Constitutional Court Directs Parliament To Establish Impeachment Committee Under Section 89

In a statement issued on Monday, Parliament confirmed that it would comply fully with the Constitutional Court ruling delivered on Friday in the matter of Economic Freedom Fighters and Another v Speaker of the National Assembly and Others.

The apex court found Rule 129I of the Rules of the National Assembly unconstitutional and invalid, setting the rule aside.

The court also ordered an interim amendment, known as a “reading-in” to govern the handling of Section 89 impeachment matters until Parliament formally amends its rules.

Impeachment committee

The ruling further invalidated the National Assembly’s decision of 13 December 2022 not to refer the Independent Panel report to an impeachment committee.

The Constitutional Court ordered that the report now be sent to an impeachment committee established under the Assembly’s rules.

Parliament said the judgment reaffirmed the National Assembly’s constitutional obligations regarding accountability and oversight under Section 89 of the Constitution.

“The processes directed by the Court must now proceed in accordance with the Constitution and the Rules of the National Assembly,” the statement said.

Among the immediate steps announced by Didiza is the formal tabling of the Independent Panel report through Parliament’s official journals. The Speaker will also provide President Cyril Ramaphosa with a copy of the report as directed by the court.

Parliament will additionally begin the process of constituting an impeachment committee in line with Rules 129J to 129O of the National Assembly Rules. The committee will be tasked with conducting the Section 89 inquiry process contemplated in the Constitution.

The Speaker will then formally refer the Independent Panel report to the committee for consideration.

Rule review

The Constitutional Court judgment will also be referred to the National Assembly Subcommittee on the Review of Rules, which will consider amendments required to align parliamentary rules with the court’s findings and directives. The subcommittee’s recommendations will ultimately be submitted to the Rules Committee and then to the National Assembly.

Didiza said she would determine the programme, timelines and institutional support measures necessary to ensure that the Impeachment Committee completes its work “effectively, fairly and within the framework of the Constitution and the Rules of the National Assembly”.

Parliament said further details regarding the composition and operational arrangements of the impeachment committee would be communicated through official parliamentary processes and announcements.