Parliament adopts new rules for Section 89 impeachment inquiry

The National Assembly’s Rules Committee has adopted the new rules relating to a Section 89 Inquiry, which paves the way for an impeachment investigation against a sitting president.

The new rules will now be tabled in the National Assembly for adoption on Tuesday.

The review of the rules flows from the Phala Phala Constitutional Court judgement that found Parliament’s rules were invalid.

In the rules committee, debate was raging over whether to include a clause proposed by the Democratic Alliance (DA) that members serving on the Impeachment Committee must pass the “fit and proper” test.

But this clause will not be included for now, so that there is a set criterion to determine what is a “fit and proper” member.

This emanated from the call made by the DA for the exclusion of the MKP MP and leader in Parliament, Dr John Hlophe, to form part of the members serving in the committee.

Parliamentary Legal Advisor, Advocate Michael Prince, says Hlophe is fit and proper to serve in terms of the constitutional provisions and the rationality requirements were met.

“We were then requested to look at the criteria for that, that is the standard, and we believe that the principle of legality is complied with because we say that Section 57 of the Constitution grants the National Assembly the power.”

Prince says they believe that the deliberations and the purpose behind such a requirement, as expressed by members, satisfy the rationality requirement needed when making such a rule.

Secretary to the National Assembly, Masibulele Xaso, says it is the prerogative of the represented political parties to choose members to serve on the Section 89 Impeachment Committee.

Addressing the Rules Committee in Parliament, Xaso says neither the Speaker of the National Assembly, Thoko Didiza, nor the House can make such a decision except the parties themselves.

“The involvement of the house in the appointment of members in terms of the current rules, I am now referring to rule 154, which is referenced in the impeachment rules. The members submit the names, or parties submit the names of members, to the speaker, and the speaker publishes the names. So, there is a rule that requires that these names must serve before the house. Of course, there is a rule in the impeachment rules that talks about the House possibly reviewing the decision of the Speaker within five days.”

Meanwhile, the Speaker of the National Assembly, Thoko Didiza, says the proposed new rules guiding the impeachment process will be tabled in the House next week.

”  So, I will really persuade the members not to actually go for a vote on this matter, but we take the rules that we have already concluded on to the house for the adoption next week if members agree.”

VIDEO | Parliament’s legal officers to brief the impeachment committee on Thursday: