National Assembly appoints panel to look into ATM’s Section 89 motion against Ramaphosa

Speaker of the National Assembly Nosiviwe Mapisa-Nqakula has appointed an independent panel to conduct a preliminary assessment of the African Transformation Movement’s (ATM) Section 89 motion against President Cyril Ramaphosa.

Section 89 of the Constitution provides for the National Assembly to remove a president of the Republic from office on the grounds of either, serious violation of the Constitution or the law, serious misconduct or an inability to perform the functions of office, while Rule 129A-Q governs the process of the removal of the president. 

The ATM submitted the motion following allegations Ramaphosa breached the Prevention of Organised Crime Act by not reporting the robbery that took place at his Phala Phala farm in February 2020.

“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,” explained Parliament’s spokesperson Moloto Mothapo in a statement.

Former chief justice Sandile Ngcobo, former High Court judge Thokozile Masipa and Associate Professor of Public Law at UCT Richard Calland will form the independent panel.

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The three names were selected from the 17 nominees recommended by political parties represented in the National Assembly.

“In terms of the rules, the Speaker must appoint the panel after giving political parties represented in the Assembly a reasonable opportunity to put forward nominees, and after she has given due consideration to all persons nominated. The Speaker wishes to thank all political parties who nominated candidates for appointment,” said Mapisa-Nqakula in a statement on Wednesday.

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The panel will commence its work on a date to be determined and announced once all administrative processes have been concluded, she said.

Compiled by Vhahangwele Nemakonde