Speaker Determines the Process To Be Followed by the National Assembly Following the Constitutional Court Judgment

Press Releases

For an audio clip and video of the Parliament Spokesperson, Mr Moloto Mothapo, on the statement below please click on the following links:

Audio clip:
https://iono.fm/e/1674580

Video clip:
https://we.tl/t-7uvv9JcewSxGVCj1?utm_campaign=TRN_TDL_05&utm_source=sendgrid&utm_medium=email&trk=TRN_TDL_05

Parliament, Monday, 11 May 2026 - The Speaker of the National Assembly, Ms Thoko Didiza, has determined the process that the National Assembly will follow in response to the judgment handed down by the Constitutional Court on Friday, 8 May 2026, in the matter of Economic Freedom Fighters and Another v Speaker of the National Assembly and Others, concerning Rule 129I of the Rules of the National Assembly and the report of the Independent Panel chaired by former Chief Justice Sandile Ngcobo.

The Constitutional Court found Rule 129I of the Rules of the National Assembly unconstitutional and invalid and set the Rule aside. Pending the formal amendment of the Rules by the National Assembly Rules Committee, the Court further directed an interim reading-in and amendment of Rule 129I to govern the processing of section 89 matters.

The Court further declared unconstitutional and invalid, and set aside, the decision of the National Assembly taken on 13 December 2022 declining to refer the Independent Panel Report to an Impeachment Committee established in terms of the National Assembly Rules. The Constitutional Court consequently ordered that the Report of the Independent Panel be referred to the Impeachment Committee established in terms of the Rules of the National Assembly.

Parliament reaffirms its respect for the judgment of the Constitutional Court and will act in full compliance with the order and directions of the Court.

The implications of the judgment for the National Assembly and the next procedural steps arising from the judgment are as follows:

  1. In accordance with the revised reading of Rule 129I, the Speaker will formally inform the National Assembly of the Independent Panel Report by tabling it through the appropriate journals of Parliament.
  1. The Speaker will provide the President of the Republic with a copy of the Independent Panel Report forthwith, as directed by the Constitutional Court.
  1. In compliance with the judgment of the Court, the Speaker will initiate the process to constitute the Impeachment Committee in terms of Rules 129J to 129O of the Rules of the National Assembly to consider the section 89 inquiry process contemplated in the Constitution and the Rules of the Assembly.
  1. The Speaker will formally refer the Independent Panel Report to the Impeachment Committee as directed by the Constitutional Court.
  1. The Speaker will refer the Constitutional Court judgment to the National Assembly Subcommittee on the Review of Rules to consider and process the amendments required to the Rules of the National Assembly pursuant to the findings, reading-in, and directions of the Court. The Subcommittee will report on its work to the Rules Committee, which will in turn submit its recommendations to the National Assembly for consideration.
  1. The Speaker will determine the appropriate programme, procedural arrangements, timeframes and institutional support measures necessary to enable the Impeachment Committee to undertake and finalise its work effectively, fairly and within the framework of the Constitution and the Rules of the National Assembly.


The Constitutional Court reaffirms the constitutional obligations of the National Assembly in relation to accountability, oversight and the constitutional mechanisms established under section 89 of the Constitution. Parliament remains committed to discharging these constitutional responsibilities with due regard to constitutionalism, legality, fairness, institutional integrity and the rule of law.

The Speaker further notes that the Constitutional Court judgment concerns the constitutional and procedural obligations of the National Assembly relating to the processing of the Independent Panel Report and the section 89 framework, and that the processes directed by the Court must now proceed in accordance with the Constitution and the Rules of the National Assembly.

Parliament will communicate further details regarding the constitution, programming and operational arrangements of the Impeachment Committee through the appropriate parliamentary processes and announcements.

ISSUED BY THE PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA
Enquiries: Moloto Mothapo, Parliament Spokesperson