JOHANNESBURG, June 22 – South Africa’s parliamentary speaker Thoko Didiza has resolved to file a notice to abide together with an explanatory affidavit in ongoing court proceedings relating to the presidential impeachment process under Section 89 of the Constitution.
The affidavit will accompany opposition papers submitted by the National Assembly’s Impeachment Committee and is intended to assist the court by outlining Parliament’s constitutional obligations and the steps taken to comply with the earlier judgment of the Constitutional Court of South Africa.
According to the Speaker’s office, the affidavit will explain why Parliament is constitutionally required to continue and conclude the Section 89 impeachment process, while remaining consistent with both the position adopted by the Impeachment Committee and the Speaker’s actions following the Constitutional Court ruling.
The development follows attempts by the President’s legal team to persuade the Speaker to suspend the work of the Impeachment Committee until the completion of a review application before the Western Cape High Court.
The Speaker declined that request, stating that suspending the committee’s work would have been inconsistent with the Constitutional Court’s judgment and the rules governing the National Assembly. She also noted that once established, the committee operates independently and should not be subjected to interference.
The President has since filed an urgent application seeking an interdict to halt the committee’s proceedings pending the outcome of the review case.
The application was also served on the committee’s chairperson, Makashule Gana, who subsequently convened the committee to determine its response.
The committee resolved to oppose the interdict application and formally requested the Speaker to support its legal position. Several political parties represented in Parliament also submitted their views to the Speaker regarding the matter.
After considering the various submissions, Speaker Didiza concluded that filing a notice to abide, together with an explanatory affidavit, would best assist the court by detailing Parliament’s compliance with its constitutional responsibilities while respecting the distinct roles of the National Assembly and the Impeachment Committee.
The Speaker emphasized that the affidavit is intended to clarify Parliament’s constitutional obligations rather than interfere with the committee’s independent legal position.
