DA tables bill to ban impeached judges and Chapter 9 heads from Parliament

The Democratic Alliance (DA) has tabled a new bill to prevent an impeached judge or head of a Chapter 9 institution from becoming a member of Parliament, member of a provincial legislature, or a municipal council.

The party has been mulling over Constitutional amendments since the previous administration, when the former Public Protector, Busisiwe Mkhwebane, became an MP for the Economic Freedom Fighters (EFF) just weeks after her removal by the President.

Subsequently, the first judge impeached by the same Parliament, John Hlophe, became the parliamentary leader for the MK Party three months later, after the 2024 national election.

Introduced by the DA’s Glynnis Breytenbach, the Constitution Twenty-Fourth Amendment Bill proposes amendments to three clauses of the Constitution to impact the eligibility criteria for public office if a candidate has been removed from the judiciary or one of the six independent Chapter 9 institutions, for reasons of gross misconduct.

Parliament was first faced with the conundrum when its Section 194 inquiry into Busisiwe Mkhwebane’s fitness to hold office resulted in her eventually sitting among the same MPs who voted for her impeachment.

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Then the MKP tested Parliamentary processes once again when former Western Cape judge president John Hlophe became an MP and a battle ensued over his eligibility to represent Parliament on the JSC, which interviews candidates to become judges, and which recommended his removal from office.

Breytenbach’s bill seeks to put a stop to such scenarios – but it will require a two-thirds majority vote from the house.

Last year, the Council for the Advancement of the South African Constitution (CASAC) made a submission to Parliament’s Constitutional Review Committee to consider similar amendments.

Parliament is currently faced with at least three more requests from the Judicial Services Commission to impeach high court judges, including another judge president.