Anticipation is building ahead of National Assembly Speaker Thoko Didiza’s expected announcement regarding the members of parliament who will serve on the Section 89 impeachment committee. Concerns have emerged that the committee’s work could face delays after the African National Congress (ANC) allegedly failed to submit its nominees by the Friday deadline set by Speaker Didiza for the 16 participating parties.
While several political parties have submitted their nominations, parliamentary sources indicate that confirmation regarding the ANC’s submission remains pending. Speaker Didiza established the impeachment committee on May 13, and the process for member appointments has been guided by specific National Assembly rules.
According to parliamentary procedure, Rule 155 governs the establishment of the committee and requires political parties to submit their nominees to the Speaker. Rule 155, sub-rule 3, further stipulates that submitted names must be published without delay in the Announcements, Tablings and Committee Reports (ATC), suggesting an announcement from Speaker Didiza may be imminent.
Legal analysts note that regardless of whether a party with entitlement to seats on the committee has submitted names, the failure to do so does not legally hinder the committee from commencing its work. Rule 160 addresses the convening of the committee’s first meeting, requiring it to be called within five days after members are announced. Crucially, Rule 160, sub-rule 2, specifies that if parties have not appointed members in time, the committee secretary must still convene a meeting within five working days once a sufficient number of members have been appointed.
Regarding quorum requirements, Rule 162 clarifies the operational thresholds. With Al Jama-ah having declared it will not participate in the process—citing disbelief in the proceedings—the committee is expected to comprise 30 members instead of the original 31. Under the rules, only one-third of members (10 of 30) are required to be present to conduct committee business. Therefore, even if the ANC were not to participate, the committee could legally convene and its proceedings would remain valid.
For substantive decisions, including the adoption of a final report, Rule 162, sub-rule 2, requires a majority of members—16 of the 30—to be present. These procedural safeguards are designed to prevent filibuster tactics and ensure the impeachment committee can continue its mandate without undue delay, regardless of individual parties’ participation timelines.
As parliament awaits Speaker Didiza’s formal pronouncement, the established rules provide a clear pathway for the Section 89 committee to proceed with its constitutionally mandated work.
