Impeachment laws tweaked after Nkandla

Amending rules around impeachment is a matter still firmly on Parliament’s agenda as a sub-committee is tasked with tweaking current rules is inching closer to drafting an amendment.

Following a Constitutional Court ruling last year that found Parliament had failed to adequately hold former president Jacob Zuma to account over the Nkandla scandal, MPs on the Committee on Review of Assembly Rules are now busy with the requisite amendments.

They’ve proposed broadening the definitions of what constitutes serious misconduct or a violation of the Constitution by a President.

Additionally, they’re ironing out details around who would be allowed on an impeachment committee in future.

Advocate Frank Jenkins, a parliamentary legal advisor, explained: “The opinion says there are two things that we should do with these definitions, instead of saying misconduct means unacceptable, improper or unprofessional behaviour by the President, we should say, misconduct includes, what we are doing by doing that is to go from a closed list to an open list and allows for unforeseen eventualities.”

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