The uMkhonto weSizwe Party (MK Party) formally submitted proposed amendments to Rule 129 of the National Assembly Rules to the Speaker of Parliament, Thoko Didiza, following the Phala Phala judgment.
Image: Doctor Ngcobo / Independent Newspapers
MK Party says it has submitted amendments to Rule 129 following the Constitutional Court ruling on Section 89 impeachment procedures and calls for urgent parliamentary processing.
Image: Timothy Bernard / Independent Newspapers
Following the Phala Phala judgment on Section 89 impeachment procedures. the uMkhonto weSizwe Party (MK Party) formally submitted proposed amendments to Rule 129 of the National Assembly Rules to the Speaker of Parliament, Thoko Didiza.
According to MK Party spokesperson, Nhlamulo Ndhlela, the proposed amendments seek to address a serious constitutional defect, which previously allowed political majorities in Parliament to prematurely terminate impeachment processes, “even after an independent panel had found prima facie evidence of serious constitutional violations, serious misconduct, or inability by the president to perform his functions of office”.
“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,” Ndhlela said.
“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 late on Monday night that he will be challenging the Section 89 independent panel report.
He described the report as flawed and said he disagreed with its findings, which state that there is prima facie evidence that he had violated his oath of office.
The court ruled that Parliament's handling of the Phala Phala report was unconstitutional and invalid, ordering that the matter must return to Parliament's Impeachment Committee.
“As a consequence, I decided then to approach our courts to take the report of the independent panel on review,” he said.
Ramaphosa said he has consistently maintained that he has not committed a crime and has not misused public money, nor has he violated his oath of office. He said that there has not been sufficient evidence to prove that he has violated the Constitution.
“On the basis of advice from my legal team and as envisaged by the Constitutional Court when it said ‘unless and until the report is set aside on review’, I have therefore decided to proceed to take the independent panel’s report on review on an expeditious basis.”
Since the Phala Phala judgment on Friday, parties have been resolute in their bid to get the president to account.
President Cyril Ramaphosa has announced that he is taking the section 89 Independent Panel's report into the Phala Phala theft on review again.
Image: Oupa Mokoena / Independent Newspapers
In separate letters to Didiza, the African Transformation Movement (ATM) and MK Party said they are invoking Section 102 of the Constitution to trigger a vote of no confidence, arguing that recent developments have undermined public trust.
Spokesperson for the Office of the Speaker, Reggie Ngcobo, said: “The MK Party was given an orientation, and such amendments are not submitted to the Speaker. The Speaker is not a member of the Rules Committee of the National Assembly.
“You submit it to the sub-committee and the Rules Committee. MKP is represented in that committee.”
Ngcobo said the letter, which was drafted by Mzwanele Manyi, “just him trying to elevate himself, if I can put it that way, amongst other members of MK Party”.
“He knows that through your Chief Whip, or through the member of the sub-committee or the committee on Rules, you submit it there. With amendments, you don't even go via the Speaker.
“The Speaker receives what the sub-committee has agreed on with all the parties, then you send it for it to be taken to the Chief Whips Forum, taken to the House for adoption, and all sorts of things.
“It’s grandstanding, I don't know how else to call it, I don't even want to answer this thing except to say that the MK Party knows where to send amendments.”
MK Party says it has submitted amendments to Rule 129 following the Constitutional Court ruling on Section 89 impeachment procedures and calls for urgent parliamentary processing.
Image: Timothy Bernard / Independent Newspapers
MK Party says it has submitted amendments to Rule 129 following the Constitutional Court ruling on Section 89 impeachment procedures and calls for urgent parliamentary processing.
Image: Timothy Bernard / Independent Newspapers