Section 89 Committee begins work on impeachment rules and evidence process
Parliament’s Section 89 Impeachment Committee has on Wednesday convened to begin deliberations on its draft terms of reference, including how it would appoint evidence leaders and regulate proceedings in any potential inquiry into the removal of a sitting president.
The meeting marks a critical step in refining Parliament’s impeachment framework, following past criticism and court rulings that found gaps in how the legislature holds the executive accountable.
The committee considered a comprehensive 40-page draft document outlining detailed rules governing impeachment proceedings. These include definitions, constitutional provisions, procedural guidelines, and the roles of key players in the process.
Addressing members, Parliamentary Legal Services representative Suanne Isaac said the document was intended to serve as a broad foundation for the committee’s work, but would require refinement.
"Chairperson, as you advised or you informed the committee that this is a very comprehensive set of rules. The debate was as to whether this should be incorporated into the National Assembly rules, but it has subsequently been referred to this committee to form maybe the basis for the terms of reference."
She explained that the draft draws heavily on existing National Assembly rules, while also consolidating them into a single reference framework for impeachment proceedings.
"This is a very long document, and it's very comprehensive, so I will merely do a very high-level presentation highlighting the different areas."
The process unfolds against the backdrop of the Constitutional Court's findings that Parliament previously failed to establish adequate mechanisms to hold a president accountable under Section 89 of the Constitution. This prompted amendments to the National Assembly rules, requiring clearer procedures for impeachment inquiries.
Isaac told the committee that some sections of the draft may already need updating to align with recent rule changes adopted by the Assembly.
"The one really relates to the general Section 89 rules, and that has since been updated by the National Assembly yesterday to bring the Section 89 rules in line with the constitutional court order."
Among the key areas under discussion was the legal framework underpinning impeachment, including relevant constitutional provisions such as Sections 56, 57, 59, and 89.
The committee also examined how decisions would be made during proceedings, including whether voting should take place openly or, in certain circumstances, by secret ballot.
"Voting in the impeachment committee must occur openly unless the committee otherwise resolves," Isaac noted, adding that members would need to consider whether secret ballots are practical and constitutionally justified.
Another major focus was the appointment and role of evidence leaders, who would be responsible for gathering and presenting evidence during any inquiry.
"This sets a very detailed process for the appointment of evidence leaders, including how witness statements must be drafted, notices to implicate people," Isaac explained.
She said members must decide whether to retain these detailed provisions in the rules or rather regulate them through separate agreements.
The draft also outlines provisions for public participation, allowing the committee to call for submissions from witnesses and members of the public who may have relevant evidence.
"This allows for the committee to put out a general call to the public to provide any evidence, and obviously, the evidence leaders will consult with the persons who have identified themselves," she said.
In addition, the rules address issues such as media coverage, conduct during proceedings, and the possibility of closed meetings under specific conditions, in line with constitutional requirements.
The committee is expected to continue deliberations on which aspects of the draft should be incorporated into its final terms of reference, as it works to establish a legally sound, transparent, and effective impeachment process.
The outcome of these discussions is likely to shape how Parliament handles any future attempts to remove a president from office.
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