Remarks of National Assembly Speaker, Nosiviwe Mapisa-Nqakula at the handover ceremony of the report of the Independent Panel established in terms of Section 89 - at the Imbizo Centre - Cape Town 30 November 2022
Chairperson of the Independent Panel, Former Chief Justice Ngcobo
Chairperson of the NCOP, Hon Masondo
Leaders and whips of political parties and
Members of Parliament present
Programme Director
Ladies and Gentlemen
The ceremonial handover of the Report of the Section 89 Independent Panel marks one of the indicative milestones in South Africa's maturing constitutional democracy. It is necessary to restate the mandate of this Panel, namely, to consider a preliminary enquiry relating to a motion proposing a section 89 enquiry, and make a recommendation to the Speaker whether sufficient evidence exists to show that the President committed a serious violation of the Constitution or law or committed a serious misconduct.
As we know, on Tuesday, 14 June 2022, the African Transformation Movement submitted to the Speaker of the National Assembly, a motion requesting the House to initiate an enquiry into the removal of the President of the Republic, on specific charges.
Initially, I declined the motion as it was not compliant with the applicable Rules of the National Assembly. Accordingly, the rules - Rule 129 B in particular - also provide for an engagement between the Speaker and the motion sponsor on such matters when the motion is non-compliant. After further engagements, the ATM submitted an amended version of the motion on 18 July 2022, which was found to be in order.
In line with the applicable Rules, I referred the submission, with supporting documents, to the Independent Panel, which I appointed after nominations by political parties. Indeed, the involvement of political parties in the constitution of the Panel forms an essential element of checks and balances to jealously guard its independence, to remove any perception of bias, so that the integrity of its outcome is not brought into question.
About 13 days ago, the Panel conducted an assessment whether it would complete its work within the 30-day period imposed by the Rules, and felt that if granted few more days it would do justice to its mandate. Using the relevant provisions in the Rules, I accordingly granted the extension - once again - to safeguard the quality, credibility and integrity of the process.
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With the handing over of this report, the life of the Panel has accordingly come to an end. Allow me the opportunity, to extend our gratitude and appreciation to the Panel, consisting of Retired Chief Justice Sandile Ngcobo, who led the team as Chairperson, retired Judge Thokozile Masipa and Adv Mahlape Sello, for their professionalism in executing the mandate given to them. The report will be communicated to members of Parliament through the next publication of the Announcements, Tablings and Committee Reports (ATC), tonight.
We have set aside 6 December 2022 for consideration of the Report by the National Assembly. The role of the National Assembly pertaining to this report is articulated in the Rules. The House will consider the report, its findings and recommendations and adopt a resolution, through a simple majority vote, whether a further action by the House is necessary or not.
Thank you!
