Impeachment in South Africa is the process by which the legislative body of the

Republic of South Africa South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countri ...

addresses legal charges against a government official.

Union and republic

When the Union of South Africa was established in 1910, the only officials who could be

impeached Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In ...

(though the term itself was not used) were the chief justice and judges of the

Supreme Court of South Africa The Supreme Court of South Africa was a superior court of law in South Africa from 1910 to 1997. It was made up of various provincial and local divisions with jurisdiction over specific geographical areas, and an Appellate Division which was t ...

. The scope was broadened when the country became a republic in 1961, to include the

state president The State President of the Republic of South Africa ( af, Staatspresident) was the head of state of South Africa from 1961 to 1994. The office was established when the country became a republic on 31 May 1961, albeit, outside the Commonweal ...

. It was further broadened in 1981 to include the new office of vice state president; and in 1994 to include the executive deputy presidents, provincial premiers, the

Public Protector The Public Protector in South Africa is one of six independent state institutions set up by the country's Constitution to support and defend democracy. According to Section 181 of the Constitution: * These institutions are independent, and sub ...

and the Auditor-General. Since 1997, members of certain commissions established by the Constitution can also be impeached. The grounds for impeachment, and the procedures to be followed, have changed several times over the years. Impeachment proceedings were first invoked in the 2010s : * An attempt was made in April 2016 to impeach president

Jacob Zuma Jacob Gedleyihlekisa Zuma (; born 12 April 1942) is a South African politician who served as the fourth president of South Africa from 2009 to 2018. He is also referred to by his initials JZ and clan name Msholozi, and was a former anti-aparth ...

for violating the Constitution, but his party, which had the majority in the National Assembly, voted against it. * An attempt was made in December 2022 to impeach president Cyril Ramaphosa for misconduct, but here too his party, which still had the majority in the National Assembly, voted against it. *

Busisiwe Mkhwebane Busisiwe Mkhwebane is a South African advocate, prosecutor and ombudsman, who has served as the 4th Public Protector of South Africa from 2016 to 2022. Early life and education Mkhwebane was born in Bethal in the then Transvaal province (now ...

was impeached and dismissed for misconduct and incompetence in September 2023, making her the first public office-bearer in the country's history to be removed from office by this process. * Proceedings are pending against two High Court judges (one of whom has already retired).

Chief Justice and Judges

''1910-1994'' : the governor-general-in-council (until 1961) or

(from 1961) could remove a judge from office for "misbehaviour or incapacity" if both the

Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...

and the House of Assembly submitted addresses to him, during the same session of parliament, asking him to do so.May, H.J. (1949). ''The South African Constitution''Supreme Court Act 1959 : section 10 ''1994-1997'' : the president could remove a judge from office for "misbehaviour, incapacity or incompetence", if both the National Assembly and the Senate requested him to do so, after considering a report from the Judicial Service Commission.Constitution of the Republic of South Africa Act 1993 : section 104. ''1997-date'' : the president may remove a judge from office if (a) the Judicial Service Commission finds that the judge "suffers from an incapacity, is grossly incompetent or is guilty of gross misconduct", and (b) the National Assembly resolves, by a two-thirds majority, that the judge be removed.Constitution of the Republic of South Africa 1996 : section 177. In 2022, two High Court judges, retired Judge Nkola Motata and Judge President

John Hlophe Yahya John Mandlakayise Hlophe (born 1 January 1959 in Stanger, KwaZulu-Natal) is Judge President of the Western Cape Division of the High Court of South Africa. Background and career Born in Stanger, Natal, he was educated at the Universi ...

of the Western Cape division, Cape Town were recommended for removal by the National Assembly by its Portfolio Committee on Justice and Correctional Services.

State President / President

''1961-1980'' : the Senate and House of Assembly could remove the State President from office for "misconduct or inability to perform efficiently the duties of his office". The procedure required (a) at least thirty members of the House to petition the Speaker to appoint a joint committee; (b) the House to resolve to appoint the committee; (c) the Senate to concur with the resolution, (d) the committee to submit a report; and (e) each House to resolve, in the same session of parliament, to remove the State President from office.Republic of South Africa Constitution Act 1961 : section 10. ''1981-1984'' : following the abolition of the Senate, the power to impeach the State President was vested in the House of Assembly alone. The same procedure applied to the removal of the Vice State President.Republic of South Africa Constitution Fifth Amendment Act 1980. ''1984-1994'' : an electoral college, consisting of delegates from the House of Assembly and the new House of Representatives and House of Delegates, could remove the State President from office for "misconduct or inability to perform efficiently the duties of his office". The procedure required (a) at least half the members of each of the three houses to petition the Speaker of Parliament to appoint a committee; (b) each house to resolve to appoint the committee; (c) the committee to submit a report; and (d) the electoral college to resolve to adopt the report and declare the State President removed from office.Republic of South Africa Constitution Act 1983 : section 9. ''1994-1997'' : the National Assembly and the Senate, sitting jointly, could remove the President from office by impeaching him or her for "a serious violation of this Constitution or the other laws of the Republic, or of misconduct or inability rendering him or her unfit to exercise and perform his or her powers and functions". A two-thirds majority was required. A similar procedure applied to the removal of any of the Executive Deputy Presidents.Constitution of the Republic of South Africa Act 1993 : section 87. ''1997-date'' : the National Assembly (alone) may remove the President, for "a serious violation of the Constitution or the law", "serious misconduct" or "inability to perform the functions of office". A two-thirds majority is required. A president who is removed may not receive any benefits of that office, and may not serve in any public office.Constitution of the Republic of South Africa 1996 : section 89. President

came close to facing an impeachment vote in 2016 over the abuse of taxpayer funds to build his personal home at Nkandla, but his party used their parliamentary majority to prevent the vote. The Constitutional Court subsequently found that parliament had failed to hold Zuma to account and ordered parliament to establish rules for the impeachment process.

Premiers of provinces

''1994-1997'' : a provincial legislature could remove the province's premier from office by impeaching him or her for "a serious violation of this Constitution or the other laws of the Republic or the province", or for misconduct or inability rendering him or her unfit to exercise and perform his or her powers and functions. A two-thirds majority was required. Constitution of the Republic of South Africa Act 1993 : section 146. ''1997-date'' : a provincial legislature may remove the province's premier from office for "a serious violation of the Constitution or the law", "serious misconduct" or "inability to perform the functions of office". A two-thirds majority is required. A premier who is removed may not receive any benefits of that office, and may not serve in any public office.Constitution of the Republic of South Africa 1996 : section 130.

Public Protector

''1994-1997'' : the president could remove the

from office for "misbehaviour, incapacity or incompetence", if both the Assembly and the Senate requested him to do so, after considering a report from a joint committee.Constitution of the Republic of South Africa Act 1993 : section 110. ''1997-date'' : the president must remove the public protector if a committee of the National Assembly finds him or her guilty of "misconduct, incapacity or incompetence", and the Assembly resolves that he or she be removed. A two-thirds majority is required.Constitution of the Republic of South Africa 1996 : section 194. In 2023, Public Protector

became the first head of a Chapter 9 institution to be impeached.

Auditor-General

''1994-1997'' : the procedure was the same as that for removing the Public Protector.Constitution of the Republic of South Africa Act 1993 : section 191. ''1997-date'' : the procedure is the same as that for removing the Public Protector.

Members of Commissions

''1997-date'' : the president must remove a member of the South African Human Rights Commission, the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities, the

Commission for Gender Equality The Commission for Gender Equality (CGE) is an independent chapter nine institution in South Africa. It draws its mandate from the South African Constitution by way of the Commission for Gender Equality Act of 1996. Vision and mission The vision of ...

or the Electoral Commission from office if a committee of the National Assembly finds him or her guilty of "misconduct, incapacity or incompetence", and the Assembly resolves that he or she be removed. A simple majority is required.

Pre-Union states

Orange Free State

The Constitution of the Orange Free State republic provided that the

Volksraad The Volksraad was a people's assembly or legislature in Dutch or Afrikaans speaking government. Assembly South Africa *Volksraad (South African Republic) (1840–1902) *Volksraad (Natalia Republic), a similar assembly that existed in the Natalia Re ...

(legislature) could impeach the state president and other public officers for "treason, bribery, and other high misdemeanours." A three-quarters majority vote was required. The Volksraad's sanction was limited to dismissing the incumbent from office and declaring him unfit to hold any office under the government, but the dismissed president or official remained liable to be prosecuted according to law.Eybers, G.W. (1918). ''Select Constitutional Documents Illustrating South African History''.

South African Republic

The Constitution of the South African Republic provided that the

could discharge or dismiss the president from office on conviction for misconduct, embezzlement of state property, treason or other serious crimes. He was liable to be prosecuted for such offences.

References

{{reflist Parliament of South Africa South Africa