File: Thoko Didiza (C) presides after being elected Speaker of the National Assembly during the first sitting of the New South African Parliament in Cape Town on June 14, 2024.
JOHANNESBURG - National Assembly Speaker Thoko Didiza has announced steps to effect the Constitutional Court's judgment on the Phala Phala matter.
On Friday, the apex court ruled that Parliament's vote on the Phala Phala matter was influenced by a material error of law and was therefore unconstitutional.
The court ruled in favour of the EFF and ATM.
READ: Phala Phala, Parliament and the people
In a ruling handed down by Chief Justice Mandisa Maya, the court ordered that the independent panel's report be referred to an impeachment committee.
Parliament says it reaffirms its respect for the judgment of the Constitutional Court and will act in full compliance with the order and directions of the court.
Now, National Assembly Speaker Thoko Didiza has announced steps to affect the judgment.
READ: Ramaphosa reacts to ConCourt Phala Phala judgment
According to Parliament, the implications of the judgment for the National Assembly and the next procedural steps arising from the judgment are as follows:
1. In accordance with the revised reading of Rule 129I, the Speaker will formally inform the National Assembly of the Independent Panel Report by tabling it through the appropriate journals of Parliament.
2. The Speaker will provide the President of the Republic with a copy of the Independent Panel Report forthwith, as directed by the Constitutional Court.
3. In compliance with the judgment of the Court, the Speaker will initiate the process to constitute the Impeachment Committee in terms of Rules 129J to 129O of the Rules of the National Assembly to consider the section 89 inquiry process contemplated in the Constitution and the Rules of the Assembly.
4. The Speaker will formally refer the Independent Panel Report to the Impeachment Committee as directed by the Constitutional Court.
5. The Speaker will refer the Constitutional Court judgment to the National Assembly Subcommittee on the Review of Rules to consider and process the amendments required to the Rules of the National Assembly pursuant to the findings, reading-in, and directions of the Court. The Subcommittee will report on its work to the Rules Committee, which will in turn submit its recommendations to the National Assembly for consideration.
6. The Speaker will determine the appropriate programme, procedural arrangements, timeframes and institutional support measures necessary to enable the Impeachment Committee to undertake and finalise its work effectively, fairly and within the framework of the Constitution and the Rules of the National Assembly.