-
President Cyril Ramaphosa looks on during a media briefing, at the Union Building
Legal analyst Mpumelelo Nyoka says President Cyril Ramaphosa’s intended court review of the Section 89 Independent Panel Report, cannot halt Parliament’s constitutional obligation to begin impeachment processes.
Nyoka argues that while the president has the right to seek judicial review, the Constitutional Court ruling remains binding.
Nyoka says Parliament can therefore proceed with steps towards establishing an impeachment committee and related processes.
He warns that any attempt to stop Parliament from carrying out its constitutional duties would likely fail under the principle of separation of powers.
“ Court orders and decisions are binding and must be abided by diligently without delay, as Section 237 states. Unless the president can adventurously attempt to interdict the commencement of that process. I’m saying adventurously because that too cannot succeed. The principle of separation of powers is that the Constitution has acted, instructing the National Assembly to act in terms of the Constitution. It cannot be stopped by the executive represented by the president from doing its duties.”
VIDEO | President Cyril Ramaphosa’s address on the Phala Phala matter:
Meanw
Meanwhile, National Assembly Speaker Thoko Didiza, has given direction for a process to constitute the Impeachment Committee to consider Section 89 inquiry process.
VIDEO | Parliament spokesperson Moloto Mothapo says the Speaker will advice on procedural arrangements for the committee to do its work:
