The apex court found that the National Assembly (NA) acted unlawfully and unconstitutionally in December 2022 when it voted against adopting a panel’s report into allegations around the theft of foreign currency that had been hidden in furniture at one of the president’s homes. Chief Justice Mandisa Maya ruled that Parliament failed in its constitutional duty to hold President Cyril Ramaphosa accountable for the 2020 theft of foreign currency from his Phala Phala farm. The court set aside the NA’s previous vote, which had dismissed the report, and delcared the rule that allowed this to be unconstitutional. This rule had previously allowed the NA to block an inquiry into the fitness of the President to hold office even after prima facie evidence of misconduct had been found. The court ordered that the panel’s report be referred immediately to an impeachment committee for formal investigation.

Following the ruling, the Section 89 removal process, which deals with how to remove the President from office, commonly called the impeachment process, must proceed through defined stages.

The first stage, completed before today’s decision, involved an Independent Panel Review. Led by retired Chief Justice Sandile Ngcobo, the panel determined there was prima facie evidence that the President may have committed a serious offence. It was the report of this panel that Parliament had earlier voted to suppress. The court confirmed that the panel finding alone is sufficient to trigger a full inquiry.

The second stage is that the National Assembly must now establish a dedicated impeachment committee composed of representatives from all political parties. The committee has the authority to subpoena witnesses, request documentation, and conduct public hearings. The President will likely be required to testify under oath, providing the clarity that has so far been avoided in court.

After completing its investigation, the committee will draft a report for the NA. The report will recommend whether the President’s conduct constitutes serious misconduct, a serious violation of the law, or an inability to perform his functions.

The third and final stage requires the NA to debate and vote on the committee’s recommendation. A two-thirds majority of the 400 members, or 267 votes, is needed to remove the President. If the motion passes, the President is removed immediately and may lose all benefits associated with the office.