Parliamentary legal advisers and secretary outline strict limits in overhaul of impeachment rules
Parliament’s administration and legal advisers have moved to clarify the scope and limits of proposed changes to South Africa’s impeachment framework, warning lawmakers against overstepping constitutional boundaries as they revise Section 89 rules.
Briefing the National Assembly Rules Committee on Friday, Parliamentary Secretary Masibulele Xaso and Legal Services representative, Michael Prince laid out the procedural and legal parameters guiding the overhaul — emphasising that Parliament must act within the confines of the Constitutional Court judgment.
Xaso stressed that the process is not a complete rewrite, but a targeted correction of specific constitutional defects identified by the court.
"The work before the committee is to ensure compliance with the judgment of the Constitutional Court, and not to reopen or redesign the entire Section 89 framework beyond what is required."
This framing is seen as critical in preventing the process from becoming politically driven, with Parliament instead expected to focus on technical alignment with constitutional standards.
Prince further cautioned that amendments cannot be used to revisit past decisions or retroactively validate processes that have already been set aside.
"Any amendments that are effected by the Assembly will operate prospectively. They cannot be applied to processes that have already been concluded or set aside by a court of law."
This position reinforces earlier warnings that Parliament cannot use new rules to correct the invalidated National Assembly vote linked to the Phala Phala matter.
Prince also addressed concerns around the composition and functioning of impeachment committees, particularly the role of political parties in nominating members.
He clarified that while Parliament may introduce guidelines, it cannot impose overly restrictive criteria that conflict with the Constitution.
"The Constitution determines who may serve as a Member of the National Assembly, and any additional criteria must be carefully considered to ensure that they do not undermine that constitutional framework."
On the interpretation of presidential conduct — a key issue in impeachment proceedings —Prince reiterated that accountability extends beyond direct actions.
"Where the President issues an instruction to another person, and that instruction itself constitutes a serious violation of the Constitution or the law, such conduct may fall within the scope of Section 89."
The briefing also highlighted the importance of procedural fairness, with Legal Services underscoring that any revised rules must ensure that all parties involved in an impeachment inquiry are treated equitably.
"The process must be rational, lawful and procedurally fair, failing which it may be vulnerable to further constitutional challenge," Prince warned.
Xaso concluded by urging members to remain focused on the constitutional mandate of Parliament, rather than broader political considerations.
"It is important that the Assembly discharges its responsibilities in a manner that is consistent with the Constitution, and that the rules adopted are capable of withstanding judicial scrutiny."
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