Mbete protecting Zuma from impeachment

13 August 2015

Yesterday the DA received notice from the Speaker of the National Assembly (NA), Baleka Mbete, that its motion to impeach President Zuma is being blocked on the grounds that the High Court order the Executive contravened when they allowed President Omar Al-Bashir to escape, is under appeal.

This ludicrous argument is nothing more than a ploy to shield the President from impeachment, and safeguard the Executive from accountability.

This morning, during a sitting of the National Assembly Programme Committee (NAPC) the DA argued that the Speaker was wrong when she invoked the dubious sub judice rule to block the debate. We will therefore again write to the Speaker asking that she allow the debate to take place. If we do not receive a satisfactory response by Monday, 17 August 2015, we will have no choice but to approach the Western Cape High Court to rule on this matter. 

The DA gave notice of a motion of impeachment against President Jacob Zuma in terms of section 89(1) of the Constitution on the grounds that he had violated his oath of office by allowing President al-Bashir to escape in violation of international and domestic law, as well as two High Court orders directly prohibiting his departure.

The Speaker is contending that the appeal of the High Court order by the State has suspended the order and thus nullifies it as prima facie evidence in support of the DA’s motion.

This contention is simply incorrect. The outcome of the appeal does not change the fact that on the day President al-Bashir was allowed to escape, the Executive branch was well aware of the court order but decided instead to ignore it.

Furthermore, the Speaker is contending that the appeal invokes NA Rule 67 that states that “no member shall refer to any matter on which a judicial decision is pending.” The purpose of this rule is to prevent judicial decisions being influenced by parliamentary debate, but considering that the outcome of the appeal does not impact on the grounds for impeachment renders Rule 67 irrelevant.

It is clear that Speaker is using the appeal in a desperate attempt to shield the President from impeachment when it is plainly clear that the Executive violated the principle of the separation of powers by disregarding the authority of the judiciary.

The DA maintains that President Zuma broke his constitutional oath in allowing President al-Bashir to escape and will not relent in its fight to have him removed from office.

Statement issued by John Steenhuisen MP, DA Chief Whip, August 13 2015