MK Party seeks to end political gatekeeping in impeachment process

Ramaphosa

Durban – The uMkhonto weSizwe Party has submitted proposed amendments to Parliament’s Rule 129 following the Constitutional Court’s Phala Phala judgment on Section 89 impeachment procedures.

MK Party spokesperson Nhlamulo Ndhlela said the changes aim to prevent political majorities in Parliament from blocking impeachment proceedings after an independent panel has already found prima facie evidence of misconduct or constitutional violations by a president.

The proposed amendments would require impeachment matters to automatically proceed to a full inquiry once an independent panel makes a positive finding, without needing another political vote in Parliament.

“The amendments propose that once an independent panel makes a positive prima facie finding, the matter must automatically proceed to a full evidentiary inquiry before the Impeachment Committee without requiring a further political vote to activate the process.

“The Constitutional Court has now clarified that Section 89 requires a meaningful accountability mechanism, and not one vulnerable to partisan political gatekeeping,” said Ndhlela.

“The MK Party believes that these amendments are necessary to strengthen constitutional accountability, protect the integrity of Parliament, and restore public confidence in the impeachment process.

“As the MK Party, we call upon the Speaker to urgently convene the Rules Committee to process these amendments in order to ensure full compliance with the Constitutional Court judgment and the Constitution of the Republic of South Africa,” Ndhlela said.

The move comes after President Cyril Ramaphosa announced he would challenge the Section 89 independent panel report, which found prima facie evidence that he may have violated his oath of office in relation to the Phala Phala matter.

Ramaphosa maintains he committed no crime and says there is insufficient evidence against him.

The Constitutional Court ruled Parliament’s earlier handling of the Phala Phala report was unconstitutional and ordered the matter back to Parliament’s Impeachment Committee.

Meanwhile, the MK Party and the African Transformation Movement have also written to Speaker Thoko Didiza seeking a vote of no confidence against Ramaphosa under Section 102 of the Constitution.

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