Phala Phala Impeachment Committee gets legal backing

An urgent legal opinion requested by Parliament’s Impeachment Committee (IC) has advised that the committee should oppose an urgent court application related to the Phala Phala Constitutional Court judgment while maintaining its independence and impartiality.

The opinion states that if the committee chooses not to oppose the application, it should still file an explanatory affidavit to assist the court in adjudicating the matter, which is scheduled to be heard in July.

The legal opinion will form part of a briefing by Parliament’s Constitutional and Legal Services Office at 08:00 on Thursday morning.

According to the opinion, the Impeachment Committee has a constitutional and legal obligation to comply with the Constitutional Court order that referred the Ngcobo Report to the committee for consideration and possible implementation.

The opinion further states that this obligation is binding and reinforced by the rule of law as outlined in Section 1(c) of the Constitution.

It also notes that the National Assembly’s oversight responsibilities must be fulfilled in accordance with constitutional requirements.

The legal opinion concludes that the committee’s obligation to continue with the impeachment inquiry is mandated by Section 89 of the Constitution.

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