-
FILE: National Assembly Speaker Thoko Didiza.
It is believed that National Assembly Speaker Thoko Didiza will meet with Parliament’s legal advisors this week to discuss what options she has following Friday’s Constitutional Court judgement on the Phala Phala matter.
The institution must revive impeachment processes against President Cyril Ramaphosa.
Another spanner has now been thrown in the works, with the uMkhonto weSizwe Party (MKP) announcing its plans to file a motion of no confidence in Ramaphosa.
While the two are different processes, they essentially have the same outcome.
In 2018, the National Assembly adopted the Rules Committee Report on the procedure for the removal of a President.
On Friday, the Constitutional Court declared these rules to be inconsistent with the Constitution, after Parliament blocked an impeachment inquiry into President Cyril Ramaphosa, on the Phala Phala saga, in December 2022.
This means the impeachment process has to be kick-started.
In a statement released, Parliament said it had noted the judgement.
Parliamentary Spokesperson, Moloto Mothapo, says “Parliament will carefully study and consider the court judgement and its implications for the procedures of the national assembly.”
Related video| Phala Phala matter referred back to Parliament:
As things stand, another panel will not have to be appointed, because the decision of the panel elected in 2022 remains.
Parliament will have to go to the next step, which is to refer the matter to a specially constituted Impeachment Committee.
This committee will investigate, establish the veracity of the charges against the President and make a recommendation via a report to the National Assembly.
The House then schedules the report for urgent debate and decision.
If the report recommends that the President be removed from office, it will be put to a vote.
Two-thirds of members of the NA need to support the motion to have the President removed.
Executive Director at Council for the Advancement of the South African Constitution (CASAC), Lawson Naidoo adds, “It’s unlikely that all of the GNU parties will vote for impeachment; some may, some may not, there is a lot of politics to play out, but on a simple tally of the numbers, the ANC on its own has a sufficient number to block an impeachment. The other important number crunching is that, at the time the vote in the National Assembly was taken in December 2022, the ANC had then 57% of the seats in the National Assembly. Today, the GNU holds 72% of the seats in the National Assembly. So, if those GNU parties stick together, then they’ve got an overwhelming majority in support of the president.”
Video| Vote on Phala Phala ruled unconstitutional: Lawson Naidoo weighs in
The motion of no confidence, as moved by the MKP, is another constitutional mechanism, needing only a simple majority, 51%, to remove the President.
This offsets the resignation of the President, his Cabinet, and Deputy Ministers.
It is also done after a scheduled debate, and can be done by secret or open ballot, at the Speaker’s discretion.
In this instance, the MKP has called for a secret ballot.
Another key difference between the two processes is that impeachment is a legal-political process based on serious violation of the Constitution, serious misconduct, or the inability to perform.
While a motion of no confidence, is a political judgement, that the President, and by extension, his minister and deputy-ministers, no longer holds the confidence of Parliament.
[MEDIA STATEMENT]: MK PARTY HAS GIVEN FORMAL NOTICE OF A MOTION OF NO CONFIDENCE IN THE PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA. pic.twitter.com/IfWY8rUQ6Q
— uMkhonto WeSizwe Party (Official) (@MkhontoweSizwex) May 9, 2026
