The African National Congress (ANC) has cautioned against rushing the impeachment process for President Cyril Ramaphosa, citing the need for careful consideration and water-tight rules. This comes after the Constitutional Court ordered that the Independent Panel report be referred to the Impeachment Committee and parliamentary rules be amended.
According to State law advisor Andrew Breytenbach, the matter is inherently urgent, and the rules must ensure that the process is fair and concluded within a reasonable timeframe. Breytenbach advised the Subcommittee on Review of Assembly Rules that the rules themselves must regulate the Impeachment Committee to avoid a situation that takes unreasonably long.
Impeachment Process
The discussion surrounding the impeachment process has ignited apprehension that these proceedings may not unfold swiftly. DA parliamentary leader George Michalakis expressed concern that at the current rate, the impeachment hearing may not take place anytime soon. He emphasized that Parliament’s reputation as a credible and effective institution relies on how it deals with the matter.
EFF MP Sam Matiase stressed that the process should not be open to further abuse. Matiase said that the court judgment is about ensuring that, in the rules of the National Assembly, the Section 89 process is not open to abuse. The rules we develop must be water-tight to guard against such abuse, he added.
Timeline and Concerns
MK Party MP Mzwanele Manyi initially expressed pessimism about the process, saying he had thought that it would move quickly. However, after hearing from the legal team, he believed that the process suggested would take months to develop the rules, which would undermine the Constitutional Court and implicate Parliament in failing to hold the executive to account.
Rise Mzansi MP Makashule Gana estimated that the process might take three to six months to conclude, based on the presentation by the legal team. Gana emphasized that they ought to find the shortest possible path to execute the order of the Constitutional Court.
A list of key concerns and considerations for the impeachment process includes:
- Ensuring that the rules are water-tight and prevent abuse
- Concluding the process within a reasonable timeframe
- Avoiding delays and ensuring that the inquiry is focused
- Protecting Parliament’s reputation as a credible and effective institution
For more information on the Constitutional Court and its judgments, visit the Constitutional Court of South Africa website.