The Constitutional Court's ruling that Parliament's rejection of the Section 89 report was unconstitutional demonstrates how judicial review ensures legislative bodies adhere to constitutional procedures for executive accountability, requiring specific procedural amendments (such as Rule 129i) and establishing direct pathways for impeachment committees to receive evidence of wrongdoing.
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Phala Phala impeachment committee on the cardsAdded:
National Assembly Speaker Togo Diza says she will begin the process to establish an impeachment committee to look into the Palapala report. This is in accordance with an order by the constitutional court. Last week the court found that parliament's decision not to adopt the Palapala report was invalid and inconsistent with the constitution. Diza says she will hand over the judgment and the report to the committee to serve as a guide to determine the execution of its responsibilities. The report led by retired justice sandob found that there was primaaka evidence that president sraaposa may have violated the prevention and combating of corrupt activities act. This was in connection with the discovery of foreign currency at his palapala farm.
I'm joined in studio by Zoa Gordasha to explore this matter further. What did finally she gets to um break her silence. It may have taken a couple of days but eventually she has taken decisions.
>> That's correct. The speaker of the national assembly has now in accordance with what has come out of the constitutional court m figured out a way or or mapped a way forward in relation to um the constitutional court judgment and how the national assembly will be giving effect to what has come out of the constitutional court. So part of that is that she will be informing the National Assembly of the Constitutional Court judgment, but also reintroducing the section 89 independent panel report.
Not only that, she'll also then um be furnishing the president with the same report, but also importantly is that she will be giving the uh impeachment committee after it has been established uh with the report and also the constitutional court um judgment. I think what's also important to highlight is that part of the judgment that came out of the constitutional court last Friday is that there must be an amendment to the rules of the national assembly particularly rule 129i. And so in relation to that um the speaker will also be giving that uh constitutional court judgment to I think the rules committee that will then uh be tasked with giving effect to the constitutional court judgment in relation to amending that particular rule >> and a timelines >> there isn't a timeline specified by the speaker she does mention that um these or stipulate that these are the measures that she will be adopting to of effect to the constitutional court judgment.
But she doesn't mention any timelines, but also says that of course the national legislature respects the rule of law and also really um reaffirming that uh the constitutional court um has placed that particular responsibility of executive accountability back in the hands of lawmakers as envisaged by the constitution. But not only that, you'll remember that the constitutional court judgment didn't specify um the time in which in the reading in um the time in which the National Assembly ought to remedy the defects of the rule. All it said is that it provided a reading in and in that reading in essentially what a reading in aims to do is to give um a constitutionality to what would otherwise be an unconstitutional and invalid legis uh statute or piece of legislation. And so um in relation to that um the National Assembly does say that they are now or the speaker um will now be tasked with looking at um that particular rule and making sure that it now complies with the uh constitutional court judgment. Remember that the constitutional court also said that from the section 89 independent panel the report if there's a prima finding of wrongdoing must go straight to the impeachment committee.
>> Of course I mean you have pressure coming from the likes of EFF leader Julius MMA who say um there shouldn't be delays in dealing with this matter.
>> That's correct. But even the EFF is not the only party that is sort of uh putting pressure on the national assembly to act. You have various other political parties um like the ATM as well as the party that say that they will be tableabling a motion of no confidence in the president in terms of section 102 subsection two of the constitution. Now the issue with that is that um if it is successful, if the motion of no confidence is is successful according to that specific provision of the constitution um the president as well as his cabinet um and executive will be dissolved and so there will be no president to impeach um afterwards.
So that is also I think uh a remedy that is being sought by opposition parties.
um as well as looking at uh other avenues in which to tackle this particular matter. But we also will be looking at the various avenues or legal mechanisms that the president can employ in this particular matter. for you >> Kasha with of course that update following the decision.
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