Parliament’s Subcommittee on the Review of National Assembly Rules has met to discuss the formulation of rules to regulate the removal of a sitting president.
Discussions around the rules were initiated in April 2016 but this was not finalised.
A number of proposals have now been put forward to govern the process of the president’s removal.
The Economic Freedom Fighters (EFF) has proposed a panel of retired judges decide whether or not the president is in “serious” breach of the Constitution or the law when it comes to removing him in terms of Section 89 of the Constitution.
Ray White spoke to Rules Subcommittee Chairman Richard Mdakane to discuss the process. He says the committee is considering two proposals.
We are considering that firstly Members of Parliament can't outsource their responsibility of holding members of executive accountable to Parliament or National Assembly in this case. Therefore, we are making a proposal that we may consider setting up a committee of Members of Parliament...— Richard Mdakane, Rules Subcommittee Chairman
A member of the National Assembly can submit a motion to the Speaker, and if she feels the motion meets the criteria it can then be referred to a committee of Parliament. The committee, if it decides the motion meets requirements then will start an investigation on issues of serious violations.— Richard Mdakane, Rules Subcommittee Chairman
The Constitution does not talk about serious violation. You can't just remove a head of state without having satisfied yourself that there is a serious violation... Those are issues we are trying to address to ensure that we have a fair way of dealing with this section of the Constitution.— Richard Mdakane, Rules Subcommittee Chairman
He says the second proposal is to have a panel of experts determine the seriousness of a violation.
They will have to define what is serious and that is an issue that is going to be difficult.— Richard Mdakane, Rules Subcommittee Chairman
Click on the link below to hear more about the proposed regulatory rules....
This article first appeared on 702 : Here are the two proposals for the presidential impeachment procedures