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Parliament, Friday, 05 August 2022 - The Speaker of the National Assembly (NA), Ms Nosiviwe Mapisa-Nqakula, considers the motion submitted in terms of section 89 of the Constitution and Rules 129A-Q of the National Assembly Rules, as introduced by the African Transformation Movement (ATM) member Mr Vuyo Zungula, to be compliant in accordance with the Rules.
The ATM submitted a proposed motion to the Speaker on 14 June 2022 requesting the House to initiate an enquiry into the removal of President Cyril Ramaphosa from the Office of the President of the Republic on specific charges.
The Speaker had initially declined the Motion as it was not compliant with the applicable Rules of the NA. Following engagements with the Member, as directed by Rule 129B, to ensure compliance of the motion with the Rules, an amended version of the motion was subsequently submitted on 18 July 2022.
Rule 129C of the NA Rules requires that when the motion is in order, the Speaker must immediately refer it and supporting documents to an independent panel of experts. In terms of the Rules, the Speaker must appoint the Panel after giving political parties represented in the Assembly a reasonableopportunity to put forward nominees, and after she has given due consideration to all persons so nominated.
The function of the independent panel is to conduct a preliminary assessment of the proposed motion, and in so doing, must in terms of Rule 129G, make a recommendation to the Speaker within 30 days, whether sufficient evidence exists to show the President committed any of the violations specified in the motion.
A panel referral therefore does not constitute a parliamentary impeachment process, but an assessment of the supplied evidence by legal and constitutional experts to determine if, in terms of the Constitution, it is adequate to warrant a further process.
The Rules state that the panel must consist of three fit and proper, competent, experienced and respected South African citizens, which may include a Judge, and who collectively possess the necessary legal and other competencies and experience to perform the preliminary assessment of the motion. If a Judge is to be appointed, the Speaker must do so in consultation with the Chief Justice.
In this regard, the Speaker will request all political parties represented in the NA to nominate, on or before 16h00 on Wednesday 1 September 2022, candidates to serve on the Panel. Each nomination must be in writing and must include the full names of the nominees and a motivation focusing particularly on the requirements of the applicable Rules.
ISSUED BY THE PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA
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