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Impeachment in South Africa

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164: : the Senate and House of Assembly could remove the State President from office for "misconduct or inability to perform efficiently the duties of his office". The procedure required (a) at least thirty members of the House to petition the Speaker to appoint a joint committee; (b) the House to resolve to appoint the committee; (c) the Senate to concur with the resolution, (d) the committee to submit a report; and (e) each House to resolve, in the same session of parliament, to remove the State President from office. 184:, could remove the State President from office for "misconduct or inability to perform efficiently the duties of his office". The procedure required (a) at least half the members of each of the three houses to petition the Speaker of Parliament to appoint a committee; (b) each house to resolve to appoint the committee; (c) the committee to submit a report; and (d) the electoral college to resolve to adopt the report and declare the State President removed from office. 190: : the National Assembly and the Senate, sitting jointly, could remove the President from office by impeaching him or her for "a serious violation of this Constitution or the other laws of the Republic, or of misconduct or inability rendering him or her unfit to exercise and perform his or her powers and functions". A two-thirds majority was required. A similar procedure applied to the removal of any of the Executive Deputy Presidents. 323:(legislature) could impeach the state president and other public officers for "treason, bribery, and other high misdemeanours." A three-quarters majority vote was required. The Volksraad's sanction was limited to dismissing the incumbent from office and declaring him unfit to hold any office under the government, but the dismissed president or official remained liable to be prosecuted according to law. 222: : a provincial legislature could remove the province's premier from office by impeaching him or her for "a serious violation of this Constitution or the other laws of the Republic or the province", or for misconduct or inability rendering him or her unfit to exercise and perform his or her powers and functions. A two-thirds majority was required. 228: : a provincial legislature may remove the province's premier from office for "a serious violation of the Constitution or the law", "serious misconduct" or "inability to perform the functions of office". A two-thirds majority is required. A premier who is removed may not receive any benefits of that office, and may not serve in any public office. 196: : the National Assembly (alone) may remove the President, for "a serious violation of the Constitution or the law", "serious misconduct" or "inability to perform the functions of office". A two-thirds majority is required. A president who is removed may not receive any benefits of that office, and may not serve in any public office. 145: : the president may remove a judge from office if (a) the Judicial Service Commission finds that the judge "suffers from an incapacity, is grossly incompetent or is guilty of gross misconduct", and (b) the National Assembly resolves, by a two-thirds majority, that the judge be removed. In 2022, two High Court judges, retired Judge 249: : the president must remove the public protector if a committee of the National Assembly finds him or her guilty of "misconduct, incapacity or incompetence", and the Assembly resolves that he or she be removed. A two-thirds majority is required. In 2023, Public Protector 290: 63:. Since 1997, members of certain commissions established by the Constitution can also be impeached. The grounds for impeachment, and the procedures to be followed, have changed several times over the years. 301:
from office if a committee of the National Assembly finds him or her guilty of "misconduct, incapacity or incompetence", and the Assembly resolves that he or she be removed. A simple majority is required.
170: : following the abolition of the Senate, the power to impeach the State President was vested in the House of Assembly alone. The same procedure applied to the removal of the Vice State President. 339:
could discharge or dismiss the president from office on conviction for misconduct, embezzlement of state property, treason or other serious crimes. He was liable to be prosecuted for such offences.
90:
was impeached and dismissed for misconduct and incompetence in September 2023, making her the first public office-bearer in the country's history to be removed from office by this process.
243:
from office for "misbehaviour, incapacity or incompetence", if both the Assembly and the Senate requested him to do so, after considering a report from a joint committee.
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of the Western Cape division, Cape Town were recommended for removal by the National Assembly by its Portfolio Committee on Justice and Correctional Services.
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subsequently found that parliament had failed to hold Zuma to account and ordered parliament to establish rules for the impeachment process.
106: 136: 177: 286: 208: 48: 568: 336: 181: 132: 118: 52: 110: 74:
for violating the Constitution, but his party, which had the majority in the National Assembly, voted against it.
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came close to facing an impeachment vote in 2016 over the abuse of taxpayer funds to build his personal home at
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for misconduct, but here too his party, which still had the majority in the National Assembly, voted against it.
294: 60: 320: 40: 291:
Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities
254: 128: 20: 332: 114: 176: : an electoral college, consisting of delegates from the House of Assembly and the new 131:
could remove a judge from office for "misbehaviour, incapacity or incompetence", if both the
32: 573: 113:(from 1961) could remove a judge from office for "misbehaviour or incapacity" if both the 8: 121:
submitted addresses to him, during the same session of parliament, asking him to do so.
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Proceedings are pending against two High Court judges (one of whom has already retired).
250: 87: 43:. The scope was broadened when the country became a republic in 1961, to include the 316: 204: 240: 84: 56: 467: 78: 359: 39:(though the term itself was not used) were the chief justice and judges of the 268: : the procedure was the same as that for removing the Public Protector. 562: 274: : the procedure is the same as that for removing the Public Protector. 207:, but his party used their parliamentary majority to prevent the vote. The 135:
and the Senate requested him to do so, after considering a report from the
536:
Constitution of the Republic of South Africa Act 1993 : section 191.
498:
Constitution of the Republic of South Africa Act 1993 : section 110.
480:
Constitution of the Republic of South Africa Act 1993 : section 146.
403:
Constitution of the Republic of South Africa Act 1993 : section 104.
150: 36: 448:
Constitution of the Republic of South Africa Act 1993 : section 87.
200: 71: 512:
Constitution of the Republic of South Africa 1996 : section 194.
489:
Constitution of the Republic of South Africa 1996 : section 130.
412:
Constitution of the Republic of South Africa 1996 : section 177.
457:
Constitution of the Republic of South Africa 1996 : section 89.
550:
Select Constitutional Documents Illustrating South African History
421:
Republic of South Africa Constitution Act 1961 : section 10.
47:. It was further broadened in 1981 to include the new office of 439:
Republic of South Africa Constitution Act 1983 : section 9.
430:
Republic of South Africa Constitution Fifth Amendment Act 1980.
66:
Impeachment proceedings were first invoked in the 2010s :
77:
An attempt was made in December 2022 to impeach president
360:"impeachment | Definition, Process, History, & Facts" 35:
was established in 1910, the only officials who could be
524:"Mkhwebane becomes first Public Protector to be removed" 70:
An attempt was made in April 2016 to impeach president
23:
addresses legal charges against a government official.
468:"South African court delivers Zuma impeachment blow" 19:
is the process by which the legislative body of the
285: : the president must remove a member of the 522:Gerber, Jan; Maughan, Karyn (11 September 2023). 560: 508: 506: 504: 156: 521: 530: 501: 492: 483: 474: 97: 451: 406: 397: 544: 542: 442: 415: 394:Supreme Court Act 1959 : section 10 388: 326: 277: 433: 214: 239: : the president could remove the 561: 539: 424: 287:South African Human Rights Commission 26: 310: 305: 231: 13: 376: 260: 14: 585: 515: 460: 384:The South African Constitution 352: 295:Commission for Gender Equality 51:; and in 1994 to include the 1: 345: 41:Supreme Court of South Africa 7: 319:republic provided that the 253:became the first head of a 157:State President / President 137:Judicial Service Commission 107:governor-general-in-council 55:, provincial premiers, the 53:executive deputy presidents 17:Impeachment in South Africa 10: 590: 569:Parliament of South Africa 470:. BBC. 29 December 2017. 331:The Constitution of the 315:The Constitution of the 178:House of Representatives 98:Chief Justice and Judges 21:Republic of South Africa 364:Encyclopedia Britannica 548:Eybers, G.W. (1918). 333:South African Republic 327:South African Republic 278:Members of Commissions 255:Chapter 9 institution 215:Premiers of provinces 33:Union of South Africa 299:Electoral Commission 209:Constitutional Court 149:and Judge President 49:vice state president 382:May, H.J. (1949). 335:provided that the 251:Busisiwe Mkhwebane 182:House of Delegates 88:Busisiwe Mkhwebane 27:Union and republic 317:Orange Free State 311:Orange Free State 257:to be impeached. 133:National Assembly 119:House of Assembly 581: 553: 546: 537: 534: 528: 527: 519: 513: 510: 499: 496: 490: 487: 481: 478: 472: 471: 464: 458: 455: 449: 446: 440: 437: 431: 428: 422: 419: 413: 410: 404: 401: 395: 392: 386: 380: 374: 373: 371: 370: 356: 306:Pre-Union states 241:Public Protector 232:Public Protector 109:(until 1961) or 85:Public Protector 57:Public Protector 589: 588: 584: 583: 582: 580: 579: 578: 559: 558: 557: 556: 547: 540: 535: 531: 520: 516: 511: 502: 497: 493: 488: 484: 479: 475: 466: 465: 461: 456: 452: 447: 443: 438: 434: 429: 425: 420: 416: 411: 407: 402: 398: 393: 389: 381: 377: 368: 366: 358: 357: 353: 348: 342: 329: 313: 308: 280: 263: 261:Auditor-General 234: 217: 159: 111:state president 100: 79:Cyril Ramaphosa 61:Auditor-General 45:state president 29: 12: 11: 5: 587: 577: 576: 571: 555: 554: 538: 529: 514: 500: 491: 482: 473: 459: 450: 441: 432: 423: 414: 405: 396: 387: 375: 350: 349: 347: 344: 328: 325: 312: 309: 307: 304: 279: 276: 262: 259: 233: 230: 216: 213: 158: 155: 99: 96: 95: 94: 91: 82: 75: 28: 25: 9: 6: 4: 3: 2: 586: 575: 572: 570: 567: 566: 564: 551: 545: 543: 533: 525: 518: 509: 507: 505: 495: 486: 477: 469: 463: 454: 445: 436: 427: 418: 409: 400: 391: 385: 379: 365: 361: 355: 351: 343: 340: 338: 334: 324: 322: 318: 303: 300: 296: 292: 288: 284: 275: 273: 269: 267: 258: 256: 252: 248: 244: 242: 238: 229: 227: 223: 221: 212: 210: 206: 202: 197: 195: 191: 189: 185: 183: 179: 175: 171: 169: 165: 163: 154: 152: 148: 144: 140: 138: 134: 130: 126: 122: 120: 116: 112: 108: 104: 92: 89: 86: 83: 80: 76: 73: 69: 68: 67: 64: 62: 58: 54: 50: 46: 42: 38: 34: 24: 22: 18: 549: 532: 517: 494: 485: 476: 462: 453: 444: 435: 426: 417: 408: 399: 390: 383: 378: 367:. Retrieved 363: 354: 341: 330: 314: 282: 281: 271: 270: 265: 264: 246: 245: 236: 235: 225: 224: 219: 218: 198: 193: 192: 187: 186: 173: 172: 167: 166: 161: 160: 147:Nkola Motata 142: 141: 127: : the 124: 123: 105: : the 102: 101: 65: 30: 16: 15: 574:Impeachment 151:John Hlophe 563:Categories 369:2020-11-15 346:References 201:Jacob Zuma 199:President 72:Jacob Zuma 526:. News24. 337:Volksraad 321:Volksraad 283:1997-date 272:1997-date 266:1994-1997 247:1997-date 237:1994-1997 226:1997-date 220:1994-1997 194:1997-date 188:1994-1997 174:1984-1994 168:1981-1984 162:1961-1980 143:1997-date 129:president 125:1994-1997 103:1910-1994 37:impeached 31:When the 117:and the 59:and the 297:or the 205:Nkandla 293:, the 289:, the 115:Senate 180:and 565:: 552:. 541:^ 503:^ 362:. 139:. 372:.

Index

Republic of South Africa
Union of South Africa
impeached
Supreme Court of South Africa
state president
vice state president
executive deputy presidents
Public Protector
Auditor-General
Jacob Zuma
Cyril Ramaphosa
Public Protector
Busisiwe Mkhwebane
governor-general-in-council
state president
Senate
House of Assembly
president
National Assembly
Judicial Service Commission
Nkola Motata
John Hlophe
House of Representatives
House of Delegates
Jacob Zuma
Nkandla
Constitutional Court
Public Protector
Busisiwe Mkhwebane
Chapter 9 institution

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