Parliament’s Impeachment Committee should use the Constitution as a guideline to determine its standard of proof. It was one of the matters discussed in the legal opinion provided to the committee about the standard of proof that will be applied when calling President Cyril Ramaphosa to appear before them.
The committee is still busy with administrative work after the Western Cape High Court ruled that its hearings must be halted.
Committee members had a lengthy discussion about determining the standard of proof that they will apply.
Parliament’s legal advisor, Sue Ann Isaacs, advised MPs to use the Constitution as their guide.
“Our suggestion is that members take a practical approach to the matter at hand. The Constitution determines what are the grounds that the president may be removed on. The rules define specific elements of those charges. For instance, it defines what serious misconduct is and the other elements. So, the committee must apply those standards; first hear the evidence, and determine whether the evidence meets those particular elements of the offence,” says Isaacs.
Section 89 Impeachment Committee seeks legal opinion:
